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 3944 to 4551 of this Regulation | Article 24(4) MIFIDof IIDirective 2014/65/EU Articles 3944 to 4551 of this Regulation
| Client agreements | Records as provided for under Article 25(5) of Directive 2014/65/EU | Article 25(5) MIFIDDirective II2014/65/EU Article 5358 of this Regulation
| Assessment of suitability and appropriateness | Content as provided for under Articleparagraphs 25(2)2 and (3)3 of Article 25 of Directive 2014/65/EU and ArticleArticles 5054, 55 and 60 of this Regulation | Article 25(2) and (3) of Directive 2014/65/EU Articles 35,54, 3655 and 3756 of this Regulation
Order handling
| Client order-handling —– Aggregated transactions | Records as provided for under Articles 6367 to 6670 of this Regulation | Articles 24(1) and 28(1) of Directive 2014/65/EU Articles 6367 to 6670 of this Regulation
| Aggregation and allocation of trans-actions for own account | Records as provided for under Article 6569 of this Regulation | Articles 28(1)24(1) and 24(1)28(1) of Directive 2014/65/EU Article 6569 of this Regulation
Client Orders and transactions
| Record keeping of client orders or decision to deal | Records as provided for under Article 6974 of this Regulation | Article 16(6) of Directive 2014/65/EU Article 6974 of this Regulation
| Record keeping of transactions and order processing | Records as provided for under Article 7075 of this Regulation | Article 16(6) of Directive 2014/65/EU Article 7075 of this Regulation
Reporting to clients
| Obligation in respect of services provided to clients | Contents as provided for under Articles 5359 to 5863 of this Regulation | ArticleParagraphs 24(1)1 and (6)6 of Article 24 and Articleparagraphs 25(1)1 and (6)6 of Article 25 of Directive 2014/65/EU Articles 5359 to 5863 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 | Paragraphs 8, 9 and 10 of Article 16(8) to (10)16 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 4550 of this Regulation | Article 24(4)(c)24(4), point (c) of Directive 2014/65/EU Article 4550 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 4547, 48 and 4649 of this Regulation | Article 24(4) of Directive 2014/65/EU Articles 4547, 48 and 4649 of this Regulation
| Information to clients | Records of communication | Article 24(3) of Directive 2014/65/EU Article 3946 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 3644 and 3746 of this Regulation | Article 24(3) of Directive 2014/65/EU Articles 3644 and 3746 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'sfirm’s business and internal organisation | Records as provided for under Article 21(1)(h)21(1), point (f) of this Regulation | ArticleParagraphs 16(2)2 to (10)10 of Article 16 of Directive 2014/65/EU Article 21(1)(h)21(1), point (f) of this Regulation
| Compliance reports | Each compliance report to management body | Article 16(2) of Directive 2014/65/EU Article 22(2)(b)22(2), point (c) 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-closeddisclosed to clients under Article 24(9) of Directive 2014/65/EU | Article 24(9) of Directive 2014/65/EU Article 1111, 12 and 13 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)23(1), point (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)29(5), point (c) of this Regulation | Article 16(2) of Directive 2014/65/EU Article 29(2)(c)29(5), point (c) of this Regulation