LUX - CSSF circular concerning the processing of NAV errors for Luxembourg-based funds

16/04/2024

On 28 March 2024, CSSF Circular CSSF 24/856 was published. It will enter into force on 1 January 2025 and will replace CSSF 02/77 (applying to UCITS and UCI subject to part II of the 2010 law and concerning the treatment of NAV calculation errors).

The main changes are:

  • Alternative Investment Funds will enter the scope of this new CSSF circular.

  • Compliance breaches would include breaches to art. 8 or 9 of the SFDR.

  • Review/assessment of contracts signed with data vendors in case of pricing error.

  • 3 pages dedicated to corporate governance.

  • Proportionality process (type /number of investors, countries of distribution, amount)

  • Notification to fund investors where the fund is distributed with a possible look-through approach.

  • New and recurrent oversight process after a NAV error.

  • Strengthening of investor protection thanks to a prospectus update.

This CSSF circular will enter into force on 1 January 2025 and replace the old one (CSSF 02/77 applying to UCITS and UCI subject to part II of the 2010 law and concerning the treatment of NAV calculation errors). Although Circular CSSF 24/856 is currently only available in French, an English version will be published soon.