{"id":"circulars/cssf-22-825","title":"Circular CSSF 22/825","type":"circular","date":"2022-12-22","kind":"circular","html":"

Circular CSSF 22/825 is a CSSF circular, published 22 December 2022. Subject: Data collection on inactive accounts and inactive safe deposit boxes.

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Legal basis: Loi du 30 mars 2022 relative aux comptes inactifs, aux coffres-forts inactifs et aux contrats d’assurance en déshérence et.

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Relevant for: Credit institutions.

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Keywords: Annual declaration, eDesk, Postal financial services.

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Text

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Circular CSSF 22/825 Re: Data collection on inactive accounts and inactive safe deposit boxes

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Luxembourg, 22 December 2022

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To all credit institutions established in Luxembourg, to all Luxembourg branches of EU and third country credit institutions and to POST Luxembourg

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Ladies and Gentlemen, 1. The purpose of this circular is to define the format, content and submission modalities of the data collection on inactive accounts and inactive safe deposit boxes pursuant to the Law of 30 March 2022 on inactive accounts, inactive safe-deposit boxes and unclaimed insurance contracts (hereinafter “the Law”). 2. The data related to unclaimed insurance contracts is out of scope of this data collection as the Commissariat aux Assurances is competent to collect this information. 3. This circular applies to credit institutions established in Luxembourg, Luxembourg branches of EU and third country credit institutions and to POST Luxembourg (hereinafter “institutions”). 4. Article 27(1) of the Law defines the information that institutions shall provide annually to both the CSSF and the Administration des Contributions Directes (“ACD”). The CSSF collects this information via part 1 of the data collection template in the Annex. The CSSF will forward the data contained in part 1 of the data collection template to the ACD to avoid any double reporting burden for institutions. Furthermore, Articles 3(1) and 40 of the Law require the CSSF to ensure that the institutions comply with the provisions of the Law and empower the CSSF to request documents or data necessary for the exercise of its supervisory duties. To fulfill this legal mandate, institutions are required to submit to the CSSF on an annual basis the additional information in parts 2 and 3 of the data collection template in the Annex. This information will not be forwarded to the ACD. 5. The data shall reflect the situation as of 31 December of the reference year, be transmitted to the CSSF by 28 February at the latest and shall be provided in accounting version “L”. 6. The Annex must be submitted electronically to the CSSF. Procedures and explanations on the practical modalities regarding the preparation and transmission of the data collection related to the Law are made available to institutions via the eDesk

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portal

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the

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CSSF

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(https://edesk.apps.cssf.lu).

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user

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guide

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“Authentification and user account management” is available to institutions via the same portal.

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  1. This circular enters into force on 31 December 2022.
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Françoise KAUTHEN

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Claude MARX

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Annex Data collection template

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Questions 1

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Reference

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Information shared with the ACD as per Article 27 of the Law of 30 March 2022 1A Total number of holders of inactive accounts in the sense of Art. 7

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Art. 27 (1)

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1B Total number of inactive accounts

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Art. 27 (1)

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1C Overall balance of all inactive accounts (in EUR)

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Art. 27 (1)

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1D Total number of holders of inactive safe deposit boxes in the sense of Art.

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The text above is the opening of the document; the PDF carries the whole.

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Document page, PDF. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.

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