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The CSSF has updated its FAQ Crypto-Assets - Undertakings for collective investment (previously FAQ Virtual Assets - Undertakings for collective investment) and draws the attention to the following points

AI Analysis

Executive Summary

The Commission de Surveillance du Secteur Financier (CSSF) has updated its FAQ on crypto-asset investments by undertakings for collective investment, effective February 4, 2026, to align with the EU's Markets in Crypto-Assets Regulation (MiCAR). This update establishes clear investment limits and licensing requirements for UCITS and AIFs investing in crypto-assets, fundamentally reshaping how Luxembourg-regulated funds can structure crypto exposure.

What Changed

The regulatory framework introduces several material modifications: Investment Exposure Limits UCITS may invest indirectly in crypto-assets for a maximum of 10% of their net asset value (NAV). These indirect investments are restricted to transferable securities that do not embed derivatives. AIFs open to retail investors other than well-informed investors face the same 10% NAV ceiling. MiCAR Alignment The FAQ modifications directly reflect the entry into force of Regulation (EU) 2023/1114 on markets in crypto-assets. This represents a significant regulatory shift from the previous virtual assets framework, introducing more granular requirements around asset classification, risk management, and operational controls. Licensing Requirements for Higher Exposures Alternative Investment Fu

What You Need To Do

  • *For UCITS Managers
  • by-case assessment of crypto-asset investment impact on fund risk profiles
  • specific risks (volatility, liquidity, technological risk)
  • asset investments
  • *For AIFMs Managing AIFs with Crypto Exposure
  • *For exposures ≤10% of NAV

Key Dates

4 February 2026 - FAQ Version 7 effective date; MiCAR compliance requirements become operative DEADLINE
1 July 2026 - Deadline for Virtual Asset Service Providers (VASPs) to transition from registration to authorization under MiCAR or cease operations DEADLINE

Compliance Impact

Urgency: HIGH

Who is Affected

*Primary Stakeholders:UCITS managers and promotersasset exposureAlternative Investment Fund Managers (AIFMs)Investment managersCustodians and service providersasset control and valuationFund initiators

Summary

No description available.

Relevant Firm Types

Asset ManagerHedge FundFintech
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