Circular CSSF-CPDI 21/26 is a CSSF circular, published 5 July 2021 and updated 28 September 2021. Subject: Survey on the amount of covered deposits held on 30 June 2021. The CSSF marks it as outdated.
\nLegal basis: Law of 18 December 2015 on the resolution and liquidation of banks and investment firms.
\nRelevant for: Credit institutions, Investment firms.
\nKeywords: Deposit Guarantee Schemes, Depositor and Investor Protection Board (CPDI), Luxembourg Deposit Guarantee Fund (FGDL).
\nIn case of discrepancies between the French and the English text, the French text shall prevail.
\nCircular CSSF-CPDI 21/26 Re : Survey on the amount of covered deposits held on 30 June 2021
\nLuxembourg, 5 July 2021
\nLadies and Gentlemen, 1. The aim of this circular is to carry out a survey on deposits, and more
\nTo the members of the Fonds de garantie des dépôts Luxembourg
\nparticularly
\ncovered
\ndeposits,
\nheld
\ncredit
\ninstitutions
\nincorporated under Luxembourg law, the POST Luxembourg for its provision of postal financial services, and Luxembourg branches of credit institutions having their head office in a third country (hereinafter referred to as “institutions”) as at 30 June 2021. 2. A definition of “covered deposits” and “eligible deposits” can be found in Article 163 of the 2015 Law. The provisions of Circular CSSF-CPDI 16/02 shall be taken into account, in particular with regard to the exclusions of structures assimilated to financial institutions, as well as the treatment of omnibus accounts. We remind you that persons who are absolutely entitled shall be covered by the guarantee provided that they have been identified or are identifiable before the guarantee is triggered. Persons are deemed identifiable if the holder of the account has informed the FGDL member institution who holds the deposits, that he acts on behalf of third parties, that he has communicated the number of persons who are absolutely entitled and the amount owed to each of them and that he is able to provide the institution who holds the deposits or the CPDI with the identity of the persons who are absolutely entitled, upon request of the CPDI in case of the institution’s failure. We also remind you that the breakdown into natural and legal persons of omnibus accounts shall be made according to the legal status of the holder of such accounts. 3. FGDL members are requested to provide the data at the level of their legal entity, consolidating data from branches located within other Member States1, by 30 July 2021. The requested data shall be reported
\nThe term “Member States” includes States that are contracting parties to the European Economic Area Agreement in accordance with Article 153(2) of the amended law of 18 December 2015 on the failure of credit institutions and certain investment firms. We further remind FGDL members that deposits held at branches located in the United-Kingdom must not be reported as FGDL coverage of guaranteed deposits has ceased to apply as from 1 January 2021.
\nwith utmost care, as it also constitutes the basis to determine the contribution to the Resolution Fund. 4. In order to transmit the data, institutions are kindly requested to complete the table attached to this circular, which is also available on the CSSF’s website at: https://www.cssf.lu/wp-content/uploads/ESPREPBxxxx-yyyy-mm-DCO_en.xls. It is absolutely necessary to respect the integrity of the file, i.e. not to modify the structure of the table and to input information and data in yellow fields exclusively. The filename of the completed document shall comply with the file naming convention for special enquiries, as defined by Circular CSSF 08/344. The string “xxxx” shall be replaced by the 4 digits identification number of the institution and the string “yyyy” and “mm” shall be replaced by “2021” and “06”, respectively. The completed document shall be transmitted via one of the secured channels (E-File or SOFiE). The relevant document must be in “.xls” or “.xlsx” format. Any other format will not be accepted. Please take note, that the document shall be completed in any cases.
\nThe text above is the opening of the document; the PDF carries the whole.
\nDocument page, PDF. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.
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