Rule · CSSF · 22 Aug 2018
The update introduces the appointment of a single agent, other than a member of the authorised management, with special responsibility for compliance regarding the protection of customer assets. It also requires the appointment of a member of the authorised management to monitor the implementation of ESMA guidelines on knowledge and competence assessment and Circular CSSF 17/665. These changes apply to all investment firms and are based on the Grand-ducal Regulation of 30 May 2018.
Circular CSSF 18/699 page 1/2
In case of discrepancies between the French and the English text, the French text shall prevail. Luxembourg, 22 August 2018 To all investment firms CIRCULAR CSSF 18/699 Re: Update of table Investment Firm (IF) "Persons responsible for certain functions and activities" Ladies and Gentlemen, We draw your attention to the update of table IF “Persons responsible for certain functions and activities” and the related instructions. The new table IF “Persons responsible for certain functions and activities” introduces the appointment of a single agent, other than a member of the authorised management, having special responsibility for questions in relation to compliance by the investment firm with its obligations regarding the protection of customer assets, following the publication of the Grand-ducal Regulation of 30 May 2018 on the protection of the financial instruments and funds belonging to clients, product governance obligations and rules applicable to the provision or reception of fees, commissions or any monetary or non-monetary benefits. In addition, the new table IF “Persons responsible for certain functions and activities” introduces the appointment of a member of the authorised management in charge of monitoring the implementation of the provisions of the guidelines of the European Securities and Markets Authority (ESMA) for the assessment of knowledge and competence and of Circular CSSF 17/665.
Table IF “Persons responsible for certain functions and activities” and the related instructions
(marked-up and final versions), as included now in the instructions relating to the periodic reporting of investment firms and published on our website, are available in electronic format under the following link:
https://www.cssf.lu/en/Document/table-ei-persons-responsible-for-certain-functions-andactivities/.
Circular CSSF 18/699 page 2/2
Yours faithfully,
COMMISSION DE SURVEILLANCE DU SECTEUR FINANCIER Jean-Pierre FABER Françoise KAUTHEN Simone DELCOURT Claude MARX Director General
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“Circular CSSF 17/665”
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