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 | |