{"id":"circulars/cssf-23-33","title":"Circular CSSF-CPDI 23/33","type":"circular","date":"2023-04-13","kind":"circular","html":"<p>Circular CSSF-CPDI 23/33 is a CSSF circular, published 13 April 2023 and updated 8 May 2026. Subject: Survey on the amount of covered deposits held on 31 March 2023. The CSSF marks it as outdated.</p>\n<p>Relevant for: Credit institutions, Investment firms.</p>\n<p>Keywords: Deposit Guarantee Schemes, Depositor and Investor Protection Board (CPDI), Luxembourg Deposit Guarantee Fund (FGDL).</p>\n<h2>Text</h2>\n<p>In case of discrepancies between the French and the English text, the French text shall prevail.</p>\n<p>Circular CSSF-CPDI 23/33 Re : Survey on the amount of covered deposits held on 31 March 2023</p>\n<p>Luxembourg, 13 April 2023</p>\n<p>Ladies and Gentlemen, 1. The aim of this circular is to carry out the regular survey on deposits,</p>\n<p>To the members of the Fonds de garantie des dépôts Luxembourg</p>\n<p>and more particularly on covered deposits, as held by credit institutions incorporated 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 31 March 2023. 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, accounts of fiduciaries, third-party accounts, sub-accounts, segregated accounts or other types of accounts whose holder is not absolutely entitled to the sums in the account, shall be made according to the legal status of the holder of such accounts. We remind the FGDL members that neither accounts denominated in units of precious metals, such as gold (XAU) or silver (XAG), nor accounts denominated in virtual currencies, such as Bitcoin or Ether, constitute eligible deposits for the purpose of the FGDL guarantee. Hence such accounts shall not be reported under this data collection. 3. FGDL members are requested to provide the data at the level of their legal entity, comprising data from branches located within other Member</p>\n<p>States1, by 19 May 2023. The requested data shall be reported with 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 available on the CSSF’s website. 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 “2023” and “03”, respectively. The completed document shall be transmitted via one of the secured channels (E-File or SOFiE). The relevant document must be in “.xlsx” format. Any other format will not be accepted. Please take note, that the document shall be completed in any cases.</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-cpdi-23-33/\" target=\"_blank\" rel=\"noreferrer\">Document page</a>, <a href=\"https://www.cssf.lu/wp-content/uploads/CSSF_CPDI_2333eng.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>"}