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Annex I - Record-keeping

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ANNEX I

Record-keeping

Minimum list of records to be kept by investment firms depending upon the nature of their activities

Nature of obligation | Type of record | Summary of content | Legislative reference

Client assessment

| Information to clients | Content as provided for under Article 24(4) of Directive 2014/65/EU and Articles 39 to 45 of this Regulation | Article 24(4) MIFID II Articles 39 to 45 of this Regulation

| Client agreements | Records as provided for under Article 25(5) of Directive 2014/65/EU | Article 25(5) MIFID II Article 53 of this Regulation

| Assessment of suitability and appropriateness | Content as provided for under Article 25(2) and (3) of Directive 2014/65/EU and Article 50 of this Regulation | Article 25(2) and (3) of Directive 2014/65/EU Articles 35, 36 and 37 of this Regulation

Order handling

| Client order-handling — Aggregated transactions | Records as provided for under Articles 63 to 66 of this Regulation | Articles 24(1) and 28(1) of Directive 2014/65/EU Articles 63 to 66 of this Regulation

| Aggregation and allocation of trans-actions for own account | Records as provided for under Article 65 of this Regulation | Articles 28(1) and 24(1) of Directive 2014/65/EU Article 65 of this Regulation

Client Orders and transactions

| Record keeping of client orders or decision to deal | Records as provided for under Article 69 of this Regulation | Article 16(6) of Directive 2014/65/EU Article 69 of this Regulation

| Record keeping of transactions and order processing | Records as provided for under Article 70 of this Regulation | Article 16(6) of Directive 2014/65/EU Article 70 of this Regulation

Reporting to clients

| Obligation in respect of services provided to clients | Contents as provided for under Articles 53 to 58 of this Regulation | Article 24(1) and (6) and Article 25(1) and (6) of Directive 2014/65/EU Articles 53 to 58 of this Regulation

Safeguarding of client assets

| Client financial instruments held by an investment firm | Records as provided for under Article 16(8) of Directive 2014/65/EU and under Article 2 of Commission Delegated Directive (EU) 2017/593 | Article 16(8) of Directive 2014/65/EU Article 2 of Delegated Directive (EU) 2017/593

| Client funds held by an investment firm | Records as provided for under Article 16(9) of Directive 2014/65/EU and under Article 2 of Delegated Directive (EU) 2017/593 | Article 16(9) of Directive 2014/65/EU Article 2 of Delegated Directive (EU) 2017/593

| Use of client financial instruments | Records provided for under Article 5 of Delegated Directive (EU) 2017/593 | Article 16(8) to (10) of Directive 2014/65/EU Article 5 of Delegated Directive (EU) 2017/593

Communication with clients

| Information about Costs and associated charges | Contents as provided for under Article 45 of this Regulation | Article 24(4)(c) of Directive 2014/65/EU Article 45 of this Regulation

| Information about the investment firm and its services, financial instruments and safe-guarding of client assets | Content as provided for under Articles 45 and 46 of this Regulation | Article 24(4) of Directive 2014/65/EU Articles 45 and 46 of this Regulation

| Information to clients | Records of communication | Article 24(3) of Directive 2014/65/EU Article 39 of this Regulation

| Marketing communications (except in oral form) | Each marketing communication issued by the investment firm (except in oral form) as provided under Articles 36 and 37 of this Regulation | Article 24(3) of Directive 2014/65/EU Articles 36 and 37 of this Regulation

| Investment advice to retail clients | (i) The fact, time and date that investment advice was rendered and (ii) the financial instrument that was recommended (iii) the suitability report provided to the client | Article 25(6) of Directive 2014/65/EU Article 54 of this Regulation

| Investment research | Each item of investment research issued by the investment firm in a durable medium | Article 24(3) of Directive 2014/65/EU Articles 36 and 37 of this Regulation

Organisational requirements

| The firm's business and internal organisation | Records as provided for under Article 21(1)(h) of this Regulation | Article 16(2) to (10) of Directive 2014/65/EU Article 21(1)(h) of this Regulation

| Compliance reports | Each compliance report to management body | Article 16(2) of Directive 2014/65/EU Article 22(2)(b) and Article 25(2) of this Regulation

| Conflict of Interest record | Records as provided for under Article 35 of this Regulation | Article 16(3) of Directive 2014/65/EU Article 35 of this Regulation

| Inducements | The information dis-closed to clients under Article 24(9) of Directive 2014/65/EU | Article 24(9) of Directive 2014/65/EU Article 11 of Delegated Directive (EU) 2017/593

| Risk management reports | Each risk management report to senior management | Article 16(5) of Directive 2014/65/EU Article 23(1)(b) and Article 25(2) of this Regulation

| Internal audit reports | Each internal audit report to senior management | Article 16(5) of Directive 2014/65/EU Article 24 and Article 25(2) of this Regulation

| Complaints-handling records | Each complaint and the complaint handling measures taken to address the complaint | Article 16(2) of Directive 2014/65/EU Article 26 of this Regulation

| Records of personal transactions | Records as provided for under Article 29(2)(c) of this Regulation | Article 16(2) of Directive 2014/65/EU Article 29(2)(c) of this Regulation

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