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Lesson 1 of 3 · Module 4

What can be imposed, and on whom

Four scales in four laws, differing by a factor of twenty, plus the professional ban that reaches a named individual directly.

2:43 Module 4. Sanctions, publication and appeal CSSF Readiness: requests, inspections and observation letters
The video and the full transcript of this lesson are part of the course This page is the description of the lesson: what it is about, how long it runs and every instrument it is built from. Watching it and reading it word for word need an account with access to CSSF Readiness: requests, inspections and observation letters. Two lessons of this course are open to everyone with no account and no payment.
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The narrated video runs about 45 minutes across the 18 lessons. That is short on purpose: no filler and no reading out of the law, with the work in the transcripts, the sources, the assessments and the artefacts.

What Module 4 covers

Module 4. Sanctions, publication and appeal

Four sanction scales in four laws with a factor of twenty between them, publication by name as the default and the assessment behind anonymity, and the one month deadline that is not one month in every regime. Lesson 4.1, what can be imposed, and on whom. Lesson 4.2, publication, and how long it follows you. Lesson 4.3, appeal, and the deadline that is not one month.

Sources for this lesson

Every instrument this lesson is built from, linked to its official text

Article 63(2) of the Law of 5 April 1993 is the general scale; articles 63-1 and 63-2 are the larger scales that came from the European directives. Article 148(4) of the Law of 17 December 2010, article 51 of the Law of 12 July 2013 and article 8-4(3) of the Law of 12 November 2004 are the three sectoral scales, and the 2013 Law is the one that was never uplifted.

  • Law of 5 April 1993 on the financial sector Consolidated version published by the CSSF. Article 53 carries the supervisory and investigatory powers, including the duty to state reasons in paragraph 4, article 59 the injunction and suspension powers, article 63 and its lettered articles the sanctions, the coercive fine, publication and the right of appeal, article 63-4 the factors taken into account in setting a penalty, and article 64-2 the reporting of certain sanctions to the European Banking Authority https://www.cssf.lu/en/Document/law-of-5-april-1993/
  • Law of 17 December 2010 on undertakings for collective investment Legilux, official publication. Article 148(4) on the sanction scale and article 149 on publication https://legilux.public.lu/eli/etat/leg/loi/2010/12/17/n9/jo
  • Law of 12 July 2013 on alternative investment fund managers Legilux, official publication. Article 51 on administrative sanctions and article 52(2) on the appeal to the Tribunal administratif https://legilux.public.lu/eli/etat/leg/loi/2013/07/12/n1/jo
  • Law of 12 November 2004 on the fight against money laundering and terrorist financing Coordinated text published by the CSSF. Article 8-4(3) on the sanction scale, article 8-6 on publication and article 8-7 on the appeal https://www.cssf.lu/en/Document/law-of-12-november-2004/
The rest of Module 4

Module 4. Sanctions, publication and appeal

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