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New version applies from 17/09/2014 — introduced by Regulation (EU) No 909/2014 (CSDR). 80 provisions change. Later versions: 31/01/2022, 09/01/2024, 16/01/2024. Article 37 changes in this version: compare with the current text.

Article 37 - Cooperation in case of request for on-site inspections or investigations

Article 37
Cooperation in case of request for on-site inspections or investigations

1. The competent authority of one Member State may request assistance from the competent authority of another Member State with regard to on-site inspections or investigations. The requesting competent authority shall inform ESMA of any request referred to in the first subparagraph. In case of an investigation or an inspection with cross-border effects, ESMA may and if requested shall coordinate the investigation or inspection.

2. Where a competent authority receives a request from a competent authority of another Member State to carry out an on-site inspection or an investigation, it may:

((a))

carry out the on-site inspection or investigation itself;

((b))

allow the competent authority which submitted the request to participate in an on-site inspection or investigation;

((c))

allow the competent authority which submitted the request to carry out the on-site inspection or investigation itself;

((d))

appoint auditors or experts to carry out the on-site inspection or investigation;

((e))

share specific tasks relating to supervisory activities with the other competent authorities.

3. ESMA may request the competent authorities to carry out specific investigatory tasks and on-site inspections where information is reasonably required by ESMA to enable it to exercise a power expressly conferred on it by this Regulation.

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