Tailored regulatory services
to suit the needs of your business.
The range of services proposed by Phoenix Solutions Luxembourg can be adapted
to the specific needs and circumstances of your organisation, whatever its size.
Services
Overcome the obstacles of the CSSF authorisation process
All Professionals of the Financial Sector (banks, investment firms, specialised PSF, support PSF), management companies and investment funds must obtain authorisation from the CSSF in order to conduct their activities.
A long process awaits you, from the choice of which license you need, to the eventual granting of that license, by means of an elaborate application pack. There are a number of legal and regulatory obligations to content with, recently reinforced due to international pressure on Luxembourg.
Overcoming the obstacles of the application process
We have handled a large number of application files subject to the new strict application of the authorisation rules, with great success. We make the whole process more straightforward and less time consuming for you, by providing advice and assisting you with the following;
- The choice of license to be sought
- The preparation and elaboration of your application file.
- The update of your application file in accordance with regulatory developments.
- Ongoing liaison and communication with the CSSF until the license is granted.
Avoid sanctions
All Professionals of the Financial Sector (investment firms, specialised PSF, support PSF), management companies, external auditors, lawyers, notaries and investment funds are now subject to legal obligations, in the context of the fight against money laundering and the financing of terrorism. Non-respect of these obligations is subject to criminal sanctions.
As part of your professional obligations, you must perform due diligence on your current and future clients, using a risk-based approach. Other AML obligations apply concerning the internal organisation of your entity and cooperation with the authorities.
As these legal obligations are very restrictive for all professionals, we can help you to put in place procedures and systems to ensure full compliance with them, such as:
- Assessment and management of the risks that apply to your entity
- Client Due Diligence (CDD)
- Document conservation
- Communication with the authorities
- Declarations of any suspicious activities or transactions
- Internal controls
- Managing compliance with AML/CTF obligations
The road to Compliance
As professionals of the financial sector, you are subject to certain rules imposed by the CSSF. Some of those rules involve putting in place and maintaining appropriate policies and procedures. These policies and procedures enable you to detect any breach of your obligations and to minimise the effects of those breaches.
The CSSF issues circulars that define the provisions and rules that need to be included in your Manual of Procedures. Drafting this manual may seem difficult, or next to impossible, for experienced professionals as much as newcomers to the marketplace. However, we have the necessary experience and expertise to help you produce a manual and procedures that are adapted to your activities.
Phoenix Solutions Luxembourg – Your partner in your communications with the CSSF
As professionals subject to the supervision of the Commission de Surveillance du Secteur Financier, otherwise known as the CSSF, it is important for your company to establish a constructive dialogue with the financial regulator.
This relationship begins as soon as the license application is first drafted, in accordance with the strict structure imposed by the CSSF, using the required forms. This approach will be viewed favourably by the CSSF. We have experience in preparing application files in line with the expectations of the CSSF and to conduct the appropriate dialogue with the relevant departments in order to progress the application to a successful conclusion.
This sets a strong standard for the ongoing relationship with the regulator throughout the lifetime of your business. Submitting a structured application, in full compliance with the regulatory references, facilitates the dialogue. Likewise, providing good quality responses to requests for additional information from the CSSF will add an important level of credibility and a mutual trust to your future relations.
We can be of invaluable help to you in submitting your applications in the appropriate regulatory context and formulating them in an effective manner, in providing thorough responses, in addressing your communications to the appropriate contact persons, and, should you desire it, in communicating directly with the CSSF on your behalf.
The requisite expertise to ensure your Compliance
Phoenix Solutions Luxembourg can provide you with advice, ongoing assistance or help on an ad-hoc basis, depending on your needs and expectations:
- When you do not have an internal specialist at your disposal
- When your workload is too heavy
- When you need an external point of view
- Or at any other time
We can lend our expertise in all areas relating to the fields of Compliance and Corporate Governance:
- Anti-money laundering and combatting the financing of terrorism
- Market abuse
- MiFID
- Ethics
- Governance
Services we offer:
- The preparation, drafting and follow-up of a license application file.
- The drafting, or update, of your Manual of Procedures.
- Production, implementation and follow-up of an annual Compliance Monitoring Programme (CMP) in line with the recommendations of the ALCO (Association of Luxembourg Compliance Officers).
- Assistance in preparing the annual Compliance Report.
- Support and advice for your Compliance activities, or assistance with a specific issue or deliverable.
We are also available to provide whatever additional tailor-made solutions as may be required by your particular circumstances and requirements.
The heart of your company’s Compliance
The applicable regulations impose numerous requirements on companies, one of which is the necessity to have a Compliance Officer for many entities. Regulatory developments require investment fund management companies to have a Compliance function. Hiring a Compliance Officer represents a significant investment. Outsourcing this service to Phoenix Solutions Luxembourg, as permitted by CSSF Circular 18/698, enables you to minimise your salary costs and to keep overall costs down.
Phoenix Solutions Luxembourg can take care of your day-to-day Compliance duties, including the production and maintenance of a Manual of Procedures, training of your staff and the implementation of an annual Compliance Monitoring Programme.
Giving you peace of mind over your Company’s activities
The Internal Audit Function has a critical role in the internal control system of entities subject to CSSF supervision. The regulatory burden is becoming more challenging each coming year for companies operating in Luxembourg’s financial marketplace.
In this context, it is essential to have adequate resources in place concerning internal audit, in order to help you in managing your risks and governing your business. Phoenix Solutions Luxembourg can perform this service for you, giving you the peace of mind that your Company’s activities are being audited by experienced and reliable personnel, who have the necessary expertise to review your corporate governance and internal controls in a constructive manner, providing recommendations that will add value to your business.
Our internal audit methodology:
- Risk based approach
- Identify key risks that may not be adequately controlled by the Company
- Identify gaps resulting from controls that are missing, inadequately designed or not operating effectively.
Our approach allows us to recommend either new or adapted controls that will enhance the control environment and add value to your operations by achieving critical objectives.
We perform our internal audit work in full compliance with CSSF requirements and industry best practice, as follows:
- An initial risk assessment to determine the focus and subject of audit missions
- Elaboration of a three year Internal Audit Plan
- Undertaking multiple audit missions throughout the year, as set out in the Plan
- Development of detailed recommendations prioritised by degree of urgency
- Elaboration of an annual audit report for presentation to the Board and to the CSSF
Follow-up of prior recommendations and corrective measures.
Master the rules of Compliance
A large number of companies in Luxembourg, including banks, credit institutions, PSF, management companies, accounting firms, external auditors, solicitors, notaries and investment funds, must ensure that all staff receive adequate ongoing training.
The main objective of that training is to enable employees to deal with the daily requirements of their professional duties by equipping them with the right tools to identify any critical issues that may arise, and develop the right practices to prevent such issues arising in the first place, wherever possible.
We provide training sessions tailored to the specific objectives of the business and individuals in question, in the following areas amongst others;
- AML
- Data Protection
- Regulatory developments (MiFID, CSSF Circular 18/698 for ManCo’s, etc.)
Independent Director
More than other business, banks, PSF and management companies need to have specialists on their Board of Directors in order to adequately supervise the internal control system. The ability to supervise the work of the internal and external auditors, the Compliance Officer and the Risk Manager, requires extensive knowledge and expertise in that field.
Our wealth of experience allows us to provide the expertise that you need. Whether acting as Chairman or as a member of the Audit Committee, or in the case of smaller companies, taking on that role single-handedly to supervise the internal control system and compliance with applicable regulations, you can be assured that we will contribute to the effective conduct of the Board of Directors’ responsibilities, in accordance with the expectations of the CSSF.
For a specialised, independent Director familiar with the requirements and best practices in Luxembourg, look no further.
Staff Secondment
A key element of the success of your company operating in the financial sector, depends on your capacity to adapt quickly and effectively to the evolving demands of your business. Phoenix Solutions Luxembourg can help you in this endeavour by making available competent experts in the regulatory field, depending on your needs. These reliable and professional experts can assist you in the areas of internal audit, AML/KYC, Internal Controls, amongst others.
Type of Companies
As a Management Company, you are required to comply with certain legal and regulatory obligations, which vary depending on whether your management activities are collective or discretionary. The CSSF, via its circulars and regulations, sets out the rules to be followed. Respecting these rules, allows you to be in line with the expectations of the regulator, to cover your Compliance risks and to ensure the peace of mind to carry out your activities.
To enable you to be fully compliant, we can assist you in the following ways:
- Applying for a new or modified licence to act as a Management Company
- Preparation of policies/procedures or of a full Procedures Manual
- Regulatory watch in relation to your new obligations
- Training of management and staff
- Advice on the set-up of your Compliance function
In the face of ever-changing regulations in a dynamic environment, being able to put your faith in a reliable expert such as Phoenix Solutions Luxembourg, is essential.
Phoenix Solutions Luxembourg’s AIFM experience
The AIFM Directive of 12th July 2013 has imposed a lot of new regulatory requirements concerning company organisation and reporting obligations. Phoenix Solutions Luxembourg helps management with their regulatory obligations, to assure them that all their obligations are being fulfilled.
Phoenix Solutions Luxembourg offers the following services to AIFMs:
- Preparation of policies/procedures or of a full Procedures Manual,
- Compliance with regulatory requirements specific to the AIFM Law,
- Compliance assistance,
- Compliance outsourcing,
- Internal Audit,
- Due diligence on service providers,
- AML issues (Update AML/KYC investor files, AML procedures, etc.),
- Applying for a new or modified licence to act as an AIFM.
Payment Service Providers and Electronic Money Institutions are governed by the law of 10 November 2009 on payment services (the “Law”). The Law is the result of the transposition of Directive 2007/64 / EC of 13 November 2007 on payment services in the internal market and 2009/110 / EC of 16 September 2009 on access to the activity of electronic money institutions and its exercise, as well as the prudential supervision of these institutions.
With strong experience in the regulatory environment of Electronic Money Institutions and Payment Service Providers, Phoenix Solutions Luxembourg can assist you in fulfilling your regulatory obligations.
Phoenix Solutions Luxembourg can provide you with regular or ad-hoc assistance, enabling you to put in place the necessary control systems to ensure full compliance with your regulatory obligations.
Investment Firms can be asset managers, investment advisors, brokers or commissioners.
As you are directly in contact with your customers money, you are therefore subject to many regulatory obligations, such as prevention of money laundering, MIFID, market abuse, capital ratios, ICAAP, etc.
Here are some of the ways in which we can assist you;
- To choose the right type of license, and to submit the proper application file.
- To specify the regulatory obligations that apply to you (which vary significantly depending on your activities).
- To establish a Procedures Manual, or to update it.
- To provide staff and management with the requisite regulatory training.
- To provide you with advice and assistance in Compliance matters and in your dealings with the CSSF.
We are the ideal partner to provide our regulatory expertise, on an ad hoc or recurrent basis, allowing you the peace of mind to undertake your professional activities with confidence.
A specialised PSF can be a domiciliary company, a UCITs Manager or a Registrar, amongst others.
Although you do not handle your customers’ money directly, you are subject to a variety of regulatory obligations relating to internal controls, money laundering prevention, market abuse, CSSF reporting, etc.
Here are some of the ways in which we can assist you;
- To choose the right type of license, and to submit the proper application file.
- To specify the regulatory obligations that apply to you (which vary significantly depending on your activities).
- To establish a Procedures Manual, or to update it.
- To provide staff and management with the requisite regulatory training.
- To provide you with advice and assistance in Compliance matters and in your dealings with the CSSF.
We are the ideal partner to provide our regulatory expertise, on an ad hoc or recurrent basis, allowing you the peace of mind to undertake your professional activities with confidence.
If you are an operator of a primary or secondary IT system or a communication network in the financial sector, or if you are a customer communication agent or an administrative agent in the financial sector, then you are a support PSF.
You provide important services to banks, investments firms and to other PSF. You are therefore subject to certain regulatory obligations, such as money laundering prevention, market abuse, CSSF reporting, and most importantly, to organisational and internal control rules, which enable you to ensure you provide those services whilst taking into account the risks to which you and your clients are exposed.
Here are some of the ways in which we can assist you;
- To choose the right type of license, and to submit the proper application file.
- To specify the regulatory obligations that apply to you (which vary significantly depending on your activities).
- To establish a Procedures Manual, or to update it.
- To provide staff and management with the requisite regulatory training.
- To provide you with advice and assistance in Compliance matters and in your dealings with the CSSF.
We are the ideal partner to provide our regulatory expertise, on an ad hoc or recurrent basis, allowing you the peace of mind to undertake your professional activities with confidence.
Phoenix Solutions Luxembourg: an expert at your service
All credit institutions operating in Luxembourg are subject to the prudential supervision of the CSSF.
Although you already have a Compliance Officer, you may have need of:
- Advice
- Assistance on a particular regulatory point
- External expertise
- Arbitrage
- Policies or procedures
- Etc…
Thanks to our wealth of experience in banking Compliance, we can assist you with the necessary professionalism and discretion. We cover all aspects of Compliance and corporate governance. We can provide you with specialised guidance, from money laundering prevention to MIFID considerations, the internal organisation of your Compliance function, and the proper implementation of regulatory obligations are just a few of the points that we handle thoroughly and confidentially.
Lawyers are amongst the professionals subject to AML/CFT obligations whenever they are involved in work that is not linked to a court case.
Lawyers are therefore obliged to properly identify their clients and to keep appropriate records of the related documents and of any declarations of suspicions to the authorities, in accordance with the amended law of 12 November 2004..
Lawyers must also comply with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
In order to facilitate your compliance with your professional obligations, we can assist you in the following ways:
- Preparing and implementing procedures and policies
- Training
- AML assistance
- Compliance advice
Accountants are subject to professional obligations laid out in AML/CFT regulations.
Accountants are therefore obliged to properly identify their clients and to keep appropriate records of the related documents and of any declarations of suspicions to the authorities, in accordance with the amended law of 12 November 2004.
Accountants must also comply with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
In order to facilitate your compliance with your professional obligations, we can assist you in the following ways:
- Preparing and implementing procedures and policies
- Training
- AML assistance
- Compliance advice
All external or statutory auditors must be registered with the CSSF to be authorised to conduct their activities. For those wishing to undertake audit missions, a license must be granted by the CSSF.
As an external auditor, whether licensed or not, you are required to comply with the professional obligations prescribed in anti-money laundering and counter terrorist financing regulation. You are therefore obliged to properly identify clients, and to keep appropriate records of the related documents and of any declarations of suspicions to the authorities, in accordance with the amended law of 12 November 2004.
External auditors must also comply with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
In order to facilitate your compliance with your professional obligations, we can assist you in the following ways:
- Preparing and implementing procedures and policies
- Training
- AML assistance
- Compliance advice
Real estate professionals are subject to compliance with obligations stemming from legislation related to anti-money laundering and counter-terrorism financing.
They must also comply with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
In order to facilitate your compliance with your professional obligations, we can assist you in the following ways:
- Preparing and implementing procedures and policies
- Training
- AML assistance
- Compliance advice