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New version applies from 07/01/2020 — introduced by Directive (EU) 2019/2162. 25 provisions change. Later versions: 26/06/2021, 02/08/2021, 01/01/2023, 09/01/2024, 17/01/2025, 16/04/2026. Article 98 changes in this version: compare with the current text.

Article 98

Comparing 17/09/2014 → 01/01/2019: 0 added, 0 removed, 0 changed Close comparison

1.The competent authorities shall be given all supervisory and investigatory powers that are necessary for the exercise of their functions. Such powers shall be exercised:

(a)directly;

(b)in collaboration with other authorities;

(c)under the responsibility of the competent authorities, by delegation to entities to which tasks have been delegated; or

(d)by application to the competent judicial authorities.

2.Under paragraph 1, competent authorities shall have the power, at least, to:

(a)access any document in any form and receive a copy thereof;

(b)require any person to provide information and, if necessary, to summon and question a person with a view to obtaining information;

(c)carry out on-site inspections;

(d)require:

(i)in so far as permitted by national law, existing data traffic records held by a telecommunications operator, where there is a reasonable suspicion of an infringement and where such records may be relevant to an investigation into infringements of this Directive;

(ii)existing recordings of telephone conversations or electronic communications or other data traffic records held by UCITS, management companies, investment companies, depositaries or any other entities regulated by this Directive;

(e)require the cessation of any practice that is contrary to the provisions adopted in the implementation of this Directive;

(f)request the freezing or the sequestration of assets;

(g)request the temporary prohibition of professional activity;

(h)require authorised investment companies, management companies or depositaries to provide information;

(i)adopt any type of measure to ensure that investment companies, management companies or depositaries continue to comply with the requirements of this Directive;

(j)require the suspension of the issue, repurchase or redemption of units in the interest of the unit-holders or of the public;

(k)withdraw the authorisation granted to a UCITS, a management company or a depositary;

(l)refer matters for criminal prosecution; and

(m)allow auditors or experts to carry out verifications or investigations.

Official text · consolidated version 01/01/2019 (no longer in force) Open full page ↗
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