LINARI LAW

CSSF updates its FAQ on Crypto-Assets for Undertakings for Collective Investment

On 4 February 2026, the Commission de Surveillance du Secteur Financier (CSSF) published Version 7 of its FAQ on Crypto-Assets – Undertakings for Collective Investment, following the entry into force of Regulation (EU) 2023/1114 on Markets in Crypto-Assets (MiCAR). This update replaces previous references to “virtual assets” with “crypto-assets” and further clarifies the regulatory framework applicable to Luxembourg investment funds.

The CSSF confirms that UCITS may only obtain indirect exposure to crypto-assets, subject to a 10% limit of net asset value (NAV) and provided that such exposure is achieved through eligible transferable securities without embedded derivatives. UCITS managers must assess the impact of these investments on the fund’s risk profile, adapt their risk management and disclosure framework accordingly, and notify the CSSF in advance.

With respect to alternative investment funds (AIFs), the FAQ reiterates that AIFs may invest directly or indirectly in crypto-assets. AIFs marketed to retail investors other than well-informed investors remain subject to a 10% NAV cap, whereas no quantitative restriction applies to AIFs reserved to well-informed or professional investors, subject to appropriate governance, risk management, valuation policies and investor disclosures.

The FAQ further clarifies that Luxembourg authorised investment fund managers managing AIFs with crypto-asset exposure exceeding 10% of NAV must obtain a specific extension of authorisation under the strategy “Other – Other – Fund – Crypto-assets”. The application must notably address custody arrangements, valuation methodology, AML/CFT considerations and the manager’s expertise in crypto-assets.

In addition, the CSSF places particular emphasis on money laundering, terrorist financing and proliferation financing risks associated with crypto-assets. Investment fund managers investing directly or indirectly in crypto-assets are expected to implement mitigation measures commensurate with these heightened risks. The CSSF expects the Responsable du Contrôle (RC) and the Responsable du Respect (RR) to demonstrate a thorough understanding of the specific AML/CFT risks linked to crypto-assets, taking into account Luxembourg risk assessments and relevant FATF guidance, and to ensure that appropriate due diligence is performed on the assets.

Finally, the FAQ confirms that Luxembourg depositaries may act for investment funds investing directly in crypto-assets, subject to appropriate organisational and operational safeguards and prior notification to the CSSF. Depending on the custody model, responsibility for safekeeping will lie either with the depositary or with a specialised crypto-asset service provider authorised or notified under MiCAR.

This updated FAQ provides further regulatory clarity for market participants considering crypto-asset exposure within Luxembourg fund structures, while confirming the CSSF’s cautious and risk-based supervisory approach.

Please  reach out to our team members directly to discuss your potential projects and for further information on the scope of our services in the investment funds field.

PREVIOUS NEXT

Related posts

Browse All

New CSSF eDesk Notification Requirements for Redemption Suspensions (LMT Rules)

From 21 September 2026, the CSSF requires certain Luxembourg funds — UCIs, SIFs and SICARs governed by the amended Law of 17 December 2010 — to notify the activation and deactivation of redemption suspensions exclusively through the "LMT activation" module on the CSSF eDesk platform. The measure forms part of…

Luxembourg Business Register: Enforcement phase begins

The Luxembourg Business Register has entered a new enforcement phase targeting companies with incomplete or outdated information in the RCS or RBE. Non-compliance may become visible on public register extracts and can ultimately result in financial penalties and administrative strike-off. Companies should ensure that their annual accounts, registered office details…

A sovereign bond on DLT: Luxembourg sets its sights on a European first

On 16 September, Luxembourg Finance Minister Gilles Roth announced the country's intention to issue a sovereign bond on distributed ledger technology (DLT). The Minister framed it as a European first for a sovereign bond of benchmark size — and potentially a world first, depending on its final size, maturity, distribution…

CSSF supervisory fees set to rise

The Luxembourg government has published a draft Grand-Ducal regulation to replace the December 2022 fee scale and align CSSF supervisory fees with the regulator's rising costs. Most fees would increase by around 22%, though the change varies by entity and reaches up to 150% in limited cases, while preserving the…

Trusts and foundations in a company’s ownership chain: LBR clarifies who must be registered with the RBE

Circular LBR 26/01 clarifies how beneficial owners should be identified for Luxembourg companies held through trusts or foundations. According to LBR, the beneficial owners of the underlying trust or foundation should be reported to the RBE by applying the specific rules under Article 1(7)(b) and (c) of the 2004 AML…

Career Opportunity: Avocat à la Cour (Luxembourg)  Associate – Commercial and Civil litigation

Career Opportunity: Avocat à la Cour (Luxembourg) Associate – Commercial and Civil litigation
Browse All

A LEGACY OF LAW. A FUTURE OF INNOVATION.
25 years of legal excellence – the journey continues.

Contact Info

+352 27 11 60 10

UP