Updated 08/03/2025
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Version from: 17/01/2025
Amendments (3)
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Article 98 - Directive 2009/65/EC (UCITS Directive)

Article 98

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.