Updated 22/12/2024
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Version from: 07/03/2024
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Article 15 - Business records

Article 15

Business records

1.  
A CCP shall maintain adequate and orderly records of activities related to its business and internal organisation.
2.  

The records referred to in paragraph 1 shall be made each time a material change in the relevant documents occurs and shall include at least:

(a) 

the organisational charts for the board and relevant committees, clearing unit, risk management unit, and all other relevant units or divisions;

(b) 

the identities of the shareholders or members, whether direct or indirect, natural or legal persons, that have qualifying holdings and the amounts of those holdings;

(c) 

the documents attesting the policies, procedures and processes required under Chapter III and Article 29;

(d) 

the minutes of board meetings and, if applicable, of meetings of sub-committees of the board and of senior management committees;

(e) 

the minutes of meetings of the risk committee;

(f) 

the minutes of consultation groups with clearing members and clients, if any;

(g) 

internal and external audit reports, risk management reports, compliance reports, and reports by consultant companies, including management responses;

(h) 

the business continuity policy and disaster recovery plan, required under Article 17;

(i) 

the liquidity plan and the daily liquidity reports, required under Article 32;

(j) 

records reflecting all assets and liabilities and capital accounts as required under Article 16 of Regulation (EU) No 648/2012;

(k) 

complaints received, with information on the complainant’s name, address, and account number; the date the complaint was received; the name of all persons identified in the complaint; a description of the nature of the complaint; the disposition of the complaint, and the date the complaint was resolved;

(l) 

records of any interruption of services or dysfunction, including a detailed report on the timing, effects and remedial actions;

(m) 

records of the results of the back and stress tests performed;

(n) 

written communications with competent authorities, ESMA and the relevant members of the ESCB;

(o) 

legal opinions received in accordance with Chapter III;

(p) 

where applicable, documentation regarding interoperability arrangements with other CCPs;

(q) 

the information under Article 10(1)(b)(vii) and (1)(d);

(r) 

the relevant documents describing the development of new business initiatives.