Publication, and how long it follows you
Publication by name is the default, anonymity is an assessment rather than a favour, and the decision stays up for five years.
- The video of every lesson, and the word-for-word transcript beside it
- Every claim linked to its primary source, with a source register per lesson
- An assessment for each of the 6 modules, and an end-of-course assessment
- A printable certificate carrying your name, the date and the content version
- The downloadable artefacts and one page references for this course
Expensing it? The invoice can be made out to your firm, with its VAT number and your purchase order reference. Buying for several people: seats for a team.
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.
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.
Every instrument this lesson is built from, linked to its official text
Article 63-3 of the Law of 5 April 1993 carries publication, the grounds for anonymity and the five year period with personal data removed after twelve months; article 63-3bis is the parallel provision for the penalties imposed under article 63-2a. Article 149 of the Law of 17 December 2010 is the exception, at a minimum of five years and a maximum of ten. Article 8-6 of the Law of 12 November 2004 and article 51(2) of the Law of 12 July 2013 are the equivalents in those regimes.
- 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 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/
- 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
Module 4. Sanctions, publication and appeal
- Lesson 4.1. What can be imposed, and on whom 2:43
- Lesson 4.2. Publication, and how long it follows you 2:16 · this page
- Lesson 4.3. Appeal, and the deadline that is not one month 2:22
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