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Publication of two new forms relating to proposals for UCITS domestic merger (Law of 17 December 2010) and outbound cross-border merger with the receiving UCITS in another Member State (Directive 2009/65/EC)

AI Analysis

Executive Summary

The CSSF has introduced two **mandatory standardised application forms** for authorisation of UCITS **domestic mergers** under the Luxembourg Law of 17 December 2010 and **outbound cross‑border mergers** where the receiving UCITS is located in another EU Member State under Directive 2009/65/EC. From 19 June 2026, any new UCITS merger authorisation request of these types must use the new forms and be filed by email with the full supporting documentation required by the applicable UCITS merger provisions.

What Changed

  • - The CSSF has created a standardised “Application form for authorisation of a UCITS domestic merger” specifically for merger authorisation requests where both merging and receiving UCITS are governed by the Law of 17 December 2010 on undertakings fo
  • The CSSF has created a standardised “Application form for authorisation of a UCITS outbound cross‑border merger” for mergers where the merging UCITS is Luxembourg‑authorised and the receiving UCITS is established in another EU Member State under Dire
  • Use of the two new forms is mandatory for all new merger authorisation applications submitted to the CSSF from 19 June 2026 onwards; legacy formats (ad‑hoc letters or bespoke templates) may no longer be used for new files.
  • Each application form must be “duly completed” and accompanied by all documents required under the applicable UCITS merger regulations, including the common draft terms of merger, updated prospectus and KIID/KID of the receiving UCITS, depositary con
  • The CSSF has specified a centralised submission channel for these applications: completed forms and supporting documentation must be sent to amendments.uci@cssf.lu, aligning merger filings with the existing practice for fund amendments and prospectus
  • The communiqué clarifies that the new forms apply to merger authorisation requests only, and do not change the underlying substantive merger rules in the Law of 17 December 2010, Directive 2009/65/EC or CSSF Regulation 10‑5; instead, they standardise

Suggested Considerations

  • Identify all current and planned UCITS domestic and outbound cross‑border merger projects and determine which will have CSSF authorisation requests submitted on or after 19 June 2026 so that the new forms are used.
  • Download and review in detail the “Application form for authorisation of a UCITS domestic merger” and “Application form for authorisation of a UCITS outbound cross‑border merger” and map each field of the forms to existing internal data sources and documents.
  • Update internal UCITS merger procedures and checklists to replace any existing CSSF filing templates with the new standardised forms and to include the requirement that all merger authorisation applications are submitted to amendments.uci@cssf.lu.
  • Train legal, product, operations and compliance staff involved in UCITS mergers on how to complete the new forms accurately, including coordination of information across the prospectus, KIIDs/KIDs, common draft merger terms, depositary statements and shareholder communications.
  • Review and, where necessary, update board and governance templates (board minutes, resolutions approving merger terms) to ensure they produce all information that the new forms require to be confirmed or attached.
  • Engage with the usual CSSF contact point early in complex or multi‑jurisdictional mergers to clarify any questions on how the new forms should be completed for particular structures (e.g. multi‑compartment mergers, mergers involving feeder or master UCITS).

Key Dates

19 June 2026
- CSSF communiqué published announcing the two new merger authorisation forms for UCITS domestic mergers and UCITS outbound cross‑border mergers
19 June 2026 DEADLINE
- **Start of mandatory use of the new forms** for all **new merger authorisation applications** filed with the CSSF; applications submitted from this date must use the new templates and be sent to amendments.uci@cssf.lu

Compliance Impact

Non‑compliance (e.g. using outdated templates or submitting incomplete forms) is likely to result in the CSSF treating the file as inadmissible or incomplete, delaying merger authorisation and potentially requiring postponement of planned merger effective dates. Repeated deficiencies or failure to comply with the standardised process may also raise supervisory concerns about the firm’s governance

Who is Affected

Luxembourg‑authorised UCITS (umbrella and stand‑alone) and their management companiesLuxembourg UCITS and management companies*outbound cross‑border UCITS mergers where the receiving UCITS is established in another EU/EEA Member State under Directive 2009/65/EC.Depositary banks and external auditorsLegal and compliance teams of management companies and self‑managed UCITSUCITS service providers (administrators, lawyers, consultants)

AI-generated analysis. May contain errors or omissions — verify with the original CSSF source before acting. Full disclaimer.

Summary

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Relevant Firm Types

Asset ManagerHedge FundWealth ManagerBank
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