In August 2018, the CSSF added a new EMIR questionnaire to the list of documents and forms that an AIFM, a UCITS management company and a Chapter 16 ManCo1 (together referred to as an Investment Fund Manager or "IFM") must complete and return to the CSSF in order to be authorised. This questionnaire was updated in September 2018.
The information required mainly relates to the classification of the IFM under the EMIR Regulation, the derivative transactions concluded by type of funds/sub-funds under the management of the IFM and the derivative transactions concluded on behalf of the IFM (only for hedging purposes) with a focus on the reporting and the risk mitigation techniques, intragroup transactions and clearing obligations.
The questionnaire has also been sent to existing IFM in order to be completed and returned to the CSSF.
Footnote
1. "Chapter 16 Manco" refers to a management company regulated by Chapter 16 of the Luxembourg Law of 17 December 2010 on undertakings for collective investment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.