law of 20 December 2002 - Alfi

The UCITS shall, among other things, provide the documents listed in Annex II to theCESR document to the host State authority. A detailed list is enclosed in Annex 1 ofthis circular.b) The host authorities shall not request certification by the home State authority of thedocuments listed in Annex II of the CESR document and which have to be providedwith the notification letter. These authorities shall accept that the notifying UCITSor a third party duly empowered by the UCITS self-certifies the documents. Thiscertification must confirm that the documents attached to the notification letter arethe most recent ones that have been issued or approved by the home State authority(“self-certification”).c) A supervisory authority shall issue an attestation letter in accordance with the standardmodel disclosed in Annex I of the CESR document. For the notification procedure withthe other Member State authorities, a true copy of such original attestation letter,certified by the UCITS or a third party duly empowered by the UCITS, shall be used.2. Modifications and updatesa) The UCITS shall request from its supervisory authority the issue of a new attestationsolely in the case where the information on the UCITS provided in the original attestationissued by the supervisory authority has been modified. These modifications are,inter alia, the change of the management company or the creation of a new sub-fundin an existing UCITS.b) The UCITS shall keep all their documents up-to-date. Therefore, all modifications tothe constitutional documents or management rules and the Articles of incorporation,as well as any creation of new units/share classes and the new (full and simplified)prospectuses shall be transmitted to the host State authority by the UCITS. The samerule applies to the latest published annual reports and any subsequent half-yearlyreports. Submission of these documents has to be made without delay after thedocuments have been made available for the first time in the home Member State.All the documents which do not constitute modifications of the information included inthe original attestation of the supervisory authority are certified by the UCITS or a thirdparty duly empowered by the UCITS (“self-certification”).B. Practice adopted by the CSSF regarding the European passport for UCITSI. Luxembourg UCITS that market their units/shares in another EU Member StateUCITS that consider marketing their units/shares in another EU Member State shallsubmit to the host State authority all the documents listed in Annex 1 to this circular, and,as the case may be, any other specific documents required by the host State authority.UCITS that market their units/shares in another EU Member State should take into considerationthe following points:1. Attestation letterThe CSSF provides every UCITS with an attestation as set out in Annex I of the CESRdocument, together with a letter confirming its registration on the official list. The CSSF’sattestation letter for UCITS will be issued in the official languages of German and French.Furthermore, an attestation letter in English will be provided to the UCITS. On request, theCSSF provides the attestation letter in electronic form.220