{"id":"circulars/cssf-26-913","title":"Circular CSSF 26/913","type":"circular","date":"2026-06-22","kind":"circular","html":"<p>Circular CSSF 26/913 is a CSSF circular, published 22 June 2026. Subject: Application of the Guidelines of the European Banking Authority on ancillary services undertakings specifying the criteria for the identification of activities referred to in Article 4(1)(18) of Regulation (EU) No 575/2013 (EBA/GL/2026/01).</p>\n<p>Relevant for: Credit institutions, Investment firms.</p>\n<p>Keywords: Capital requirement, Single Supervisory Mechanism (SSM), Supervisory disclosure.</p>\n<h2>Text</h2>\n<p>Circular CSSF 26/913 Application of the Guidelines of the European Banking Authority on ancillary services undertakings specifying the criteria for the identification of activities referred to in Article 4(1)(18) of Regulation (EU) No 575/2013 (EBA/GL/2026/01)</p>\n<p>Circular CSSF 26/913 Application of the Guidelines of the European Banking Authority on ancillary services undertakings specifying the criteria for the identification of activities referred to in Article 4(1)(18) of Regulation (EU) No 575/2013 (EBA/GL/2026/01) To all credit institutions designated as Less Significant Institutions 1 under the Single Supervisory Mechanism and to all CRR investment firms incorporated under Luxembourg law.</p>\n<p>Luxembourg, 22 June 2026</p>\n<p>Ladies and Gentlemen, The purpose of this circular is to inform you that the CSSF, in its capacity as competent authority, applies the Guidelines (EBA/GL/2026/01) of the European Banking Authority (the “EBA”) on ancillary services undertakings (“ASUs”) specifying the criteria for the identification of activities referred to in Article 4(1)(18) of Regulation (EU) No 575/2013 (“CRR”) (hereinafter referred to as the “Guidelines”), published on 9 January 2026. Consequently, the CSSF has integrated the Guidelines into its administrative practice and regulatory approach with a view to promoting supervisory convergence in this field at the European level. All entities in the scope of application (as defined below) shall duly comply with the Guidelines</p>\n<ol>\n<li>The Guidelines The Guidelines on ASUs set out clear, simple and consistent criteria for identifying activities falling within the definition of ancillary services undertakings under Article 4(1)(18) of the CRR, namely: (a) activities considered a “direct extension of banking”, (b) activities “ancillary to banking”, and (c) “other similar activities”. The provided criteria are designed to help institutions and competent authorities identify undertakings performing relevant activities – such as operational leasing, ownership or management of property or data processing services – as ancillary services undertakings. This assessment is essential for determining the scope of prudential consolidation and the application of prudential requirements. The Guidelines also address innovative and digital business models, including fintech and technology-driven services, which may introduce new forms of ancillary risks within banking groups. Overall, the Guidelines aim to promote a level playing field, foster convergence of supervisory practices among institutions and competent authorities and enhance comparability of prudential requirements across the EU. The Guidelines are attached to this circular and are available on the EBA’s website 2.</li>\n</ol>\n<p>1 “Significant supervised entities” as defined in Article 2, point (16) of Regulation (EU) No 468/2014 of the European Central Bank (ECB) of 16 April 2014 (the SSM Framework Regulation) shall refer to the relevant ECB rules. 2</p>\n<p>EBA/GL/2026/01 - Guidelines on ancillary services undertakings</p>\n<ol start=\"2\">\n<li>\n<p>Scope of application This circular shall apply to Less Significant Institutions and CRR investment firms, incorporated under Luxembourg law.</p>\n</li>\n<li>\n<p>Date of application This circular shall apply with immediate effect.</p>\n</li>\n</ol>\n<p>Annex</p>\n<p>EBA</p>\n<p>Guidelines</p>\n<p>(EBA/GL/2026/01)</p>\n<p>ancillary</p>\n<p>services</p>\n<p>undertakings</p>\n<p>specifying the criteria for the identification of activities referred to in Article 4(1)(18) of Regulation (EU) No 575/2013.</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-26-913/\" target=\"_blank\" rel=\"noreferrer\">Document page</a>, <a href=\"https://www.cssf.lu/wp-content/uploads/cssf26_913eng.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>"}