{"id":"circulars/cssf-22-793","title":"Circular CSSF 22/793","type":"circular","date":"2022-02-03","kind":"circular","html":"<p>Circular CSSF 22/793 is a CSSF circular, published 3 February 2022. Subject: Electronic transmission of the annual closing documents to the CSSF.</p>\n<p>Relevant for: Specialised PFS.</p>\n<p>Keywords: AML/CFT, Annual declaration, Approved statutory auditor (réviseur d'entreprises agréé), Central administration, eDesk, Internal governance, Supervisory disclosure.</p>\n<h2>Text</h2>\n<p>In case of discrepancies between the French and the English texts, the French text shall prevail.</p>\n<p>Circular CSSF 22/793 Re: Electronic transmission of the annual closing documents to the CSSF</p>\n<p>Luxembourg, 3 February 2022</p>\n<p>To all specialised PFS</p>\n<p>Ladies and Gentlemen,</p>\n<ol>\n<li>Background and purpose of the circular</li>\n</ol>\n<p>The purpose of this Circular is to detail the procedure for the electronic transmission of the annual closing documents of specialised PFS (hereinafter “PFS”) to the CSSF. 2) Dematerialised requests</p>\n<p>The annual closing documents shall henceforth be transmitted exclusively via the eDesk portal which is available at:</p>\n<p><a href=\"https://edesk.apps.cssf.lu/edesk-dashboard/dashboard/specpfs\" target=\"_blank\" rel=\"noreferrer\">https://edesk.apps.cssf.lu/edesk-dashboard/dashboard/specpfs</a> The list of the annual closing documents concerned is published and kept up to date on the homepage of the eDesk portal. The PFS have to check this list. 3) Access to the eDesk portal</p>\n<p>Access to the eDesk portal requires: a. the creation of a user account by every person or representative authorised by the PFS concerned to act on its behalf with the CSSF in relation to the requests on the eDesk portal; the creation of a user account is subject to the procedure described in Part 1 of the Annex to this Circular; b. the change of one or several user accounts by adding the status of “advanced user” for each entity concerned, pursuant to the procedure described in Part 2 of the Annex to this Circular; and c. the use of the identification means referred to in Part 3 of the Annex to this Circular. 4) Responsibility of the PFS a. All PFS referred to in this Circular must, under their responsibility, keep abreast of the updates on the list of the annual closing documents to be submitted on the homepage of the eDesk portal and must ensure that the documents are transmitted appropriately and in due time via the eDesk portal. b. The above-mentioned required documents have to be transmitted to the CSSF exclusively via the eDesk portal. After the entry into force of this Circular, the use of other means of communication in this respect will no longer be accepted by the CSSF.</p>\n<p>c. Each PFS is solely responsible for all actions on the eDesk portal carried out on its behalf by the advanced users and users (whether they are employees or representatives) linked to its eDesk account. For further questions, please contact our helpdesk ([email] / [telephone]d. The day-to-day managers of the PFS are responsible for the content and format of the file sent. In particular, they must ensure that these closing documents correspond to the official and final version. e. Finally, the day-to-day managers of the PFS are requested to ensure strict compliance with the legal and regulatory provisions relating to the filing and publication of annual accounts of the PFS.</p>\n<p>Yours faithfully,</p>\n<p>Françoise KAUTHEN</p>\n<p>Claude MARX</p>\n<p>ANNEX 1. CREATION OF USER ACCOUNTS Any person connecting to the eDesk portal is free to create a user account. The creation of a user account is explained in the procedure available at:</p>\n<p><a href=\"https://edesk.apps.cssf.lu/edesk-dashboard/dashboard/specpfs\" target=\"_blank\" rel=\"noreferrer\">https://edesk.apps.cssf.lu/edesk-dashboard/dashboard/specpfs</a> In order to make a request available on the eDesk portal on behalf of an entity, the account of the user (employee or representative) must first be linked to the entity concerned. To this end, a request to link the user to the entity concerned must be validated by an “advanced user” (cf. Part 2 of this Annex). 2. CHANGE TO THE STATUS OF “ADVANCED USER” Each entity concerned is required to designate one or several advanced users among its employees or representatives who will validate the users’ requests to be linked to the entity and then manage them pursuant to the procedure available at:</p>\n<p>The text above is the opening of the document; the PDF carries the whole.</p>\n<p><a href=\"https://www.cssf.lu/en/Document/circular-cssf-22-793/\" target=\"_blank\" rel=\"noreferrer\">Document page</a>, <a href=\"https://www.cssf.lu/wp-content/uploads/cssf22_793eng.pdf\" target=\"_blank\" rel=\"noreferrer\">PDF</a>. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.</p>"}