{"id":"circulars/cssf-24-40","title":"Circular CSSF-CPDI 24/40","type":"circular","date":"2024-03-26","kind":"circular","html":"<p>Circular CSSF-CPDI 24/40 is a CSSF circular, published 26 March 2024 and updated 12 May 2026. Subject: Survey on the amount of covered deposits held on 31 March 2024. The CSSF marks it as outdated.</p>\n<p>Legal basis: <a href=\"/lhoft?page=laws%2F2015-12-18-n21\" class=\"wikiLink\" data-target=\"laws/2015-12-18-n21\">Law of 18 December 2015</a>.</p>\n<p>Relevant for: Credit institutions.</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 24/40 Re : Survey on the amount of covered deposits held on 31 March 2024</p>\n<p>Luxembourg, 26 March 2024</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</p>\n<p>garantie</p>\n<p>Luxembourg</p>\n<p>des</p>\n<p>dépôts</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 2024. 2. A definition of “covered deposits” and “eligible deposits” can be found in Article 163 of the amended law of 18 December 2015 on the failure of credit institutions and certain investment firms. The provisions of Circular CSSF-CPDI 16/02 as amended by Circular CSSF-CPDI 23/35 shall be taken into account, in particular with regard to the exclusions of structures assimilated to financial institutions, as well as the treatment of accounts whose holder is not absolutely entitled to the sums in the account (omnibus accounts, accounts of fiduciaries, accounts held by trusts, thirdparty accounts, sub-accounts, segregated accounts, etc.). In case the account holder differs from the persons that are absolutely entitled to the sums in the account, the FGDL members shall take reasonable measures to regularly obtain information on the number of identifiable and eligible persons entitled to the sums in the account as well as on the amounts to which each of them is entitled, so as to accurately report the amount of covered deposits and covered claims to the CPDI. In the absence of a reliable and up to-date estimate of the abovementioned information, the FGDL members report the total amount of omnibus accounts opened in their books. We also remind you that the breakdown into natural and legal persons of omnibus 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.</p>\n<ol start=\"3\">\n<li>FGDL members are requested to provide the data at the level of their legal entity, comprising data from branches located within other Member States1, by 15 May 2024. The requested data shall be reported with utmost care, as it also constitutes the basis to determine the contribution to the Resolution Fund. Please note that the reporting of this survey via E-File or SOFiE has been deactivated. Since 9 October 2023, institutions are required to submit the reporting through one of the following means of communication: •</li>\n</ol>\n<p>Via CSSF eDesk platform which is also accessible through the CSSF website; or</p>\n<p>Via the submission of a structured file through S3 (“simple storage service”) protocol.</p>\n<p>A user guide is available on eDesk, explaining the technical procedures for completing, validating and submitting the DCOR Quarterly Reporting. If you consider that there is no amount to be reported, the transmission to the CSSF remains nevertheless mandatory and value “0” (= zero) must be indicated in the corresponding fields. Detailed instructions are provided for each field in the annex to this Circular.</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-24-40/\" target=\"_blank\" rel=\"noreferrer\">Document page</a>, <a href=\"https://www.cssf.lu/wp-content/uploads/CSSF_CPDI_2440eng.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>"}