2. Content
A. A Luxembourg investment fund supervised by the CSSF for
AML/CFT purposes has designated a Luxembourg investment
fund manager and does therefore not fall within the scope of
Circular CSSF 24/854. Is the preparation of the RC Report still
required?
Published on: 01/07/2024
Yes, Luxembourg investment funds supervised by the CSSF fall within the scope of RCSSF
12-02, which foresees as per Article 42(6) that “the compliance officer shall prepare, at least
once a year, a summary report on his activities and his operation. This summary report shall
be submitted by the compliance officer to the person responsible for compliance, the
authorised management and the Board of Directors and, where appropriate, the specialised
committees”.
However, this report does not have to be submitted to the CSSF in an automatic way, but it
may be requested by the CSSF, if deemed necessary.
B. Does the SRRC replace the former RC Report that had to be
submitted on an annual basis, within five months after the
closing of the annual accounts?
Published on: 01/07/2024
Yes, Circular CSSF 24/854 provides a new mandatory template for the SRRC for the entities
in scope to be submitted via the eDesk platform and replaces the former RC Report (to be
prepared by the RC in accordance with Article 42(6) of RCSSF 12-02).
Nevertheless, the SRRC may have to be supplemented by additional work performed by the
RC (e.g. information on STRs, information on refusal to enter into business relationships,
etc.) that the Board of Directors (or equivalent) and the RR may require. However, the data
points resulting from this additional work do not have to be communicated to the CSSF.
In this context, the CSSF does not expect to receive an additional RC Report through other
means of transmission from the entities falling within the scope of Circular CSSF 24/854.
FAQ ON THE AML/CFT SUMMARY REPORT RC (“SRRC”) ON COMPLIANCE WITH AML/CFT OBLIGATIONS IN
ACCORDANCE WITH CIRCULAR CSSF 24/854
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AS OF OCTOBER 2024
