Updated 18/09/2024
In force

Version from: 02/08/2022
Amendments
Search within this legal act

Article 72 - Retention of records (Article 16(6) of Directive 2014/65/EU)

Article 72

Retention of records

(Article 16(6) of Directive 2014/65/EU)

1.  

The records shall be retained in a medium that allows the storage of information in a way accessible for future reference by the competent authority, and in such a form and manner that the following conditions are met:

(a) 

the competent authority is able to access them readily and to reconstitute each key stage of the processing of each transaction;

(b) 

it is possible for any corrections or other amendments, and the contents of the records prior to such corrections or amendments, to be easily ascertained;

(c) 

it is not possible for the records otherwise to be manipulated or altered;

(d) 

it allows IT or any other efficient exploitation when the analysis of the data cannot be easily carried out due to the volume and the nature of the data; and

(e) 

the firm's arrangements comply with the record keeping requirements irrespective of the technology used.

2.  
Investment firms shall keep at least the records identified in Annex I to this Regulation depending upon the nature of their activities.

The list of records identified in Annex I to this Regulation is without prejudice to any other record-keeping obligations arising from other legislation.

3.  
Investment firms shall also keep records of any policies and procedures they are required to maintain pursuant to Directive 2014/65/EU, Regulation (EU) No 600/2014, Directive 2014/57/EU and Regulation (EU) No 596/2014 and their respective implementing measures in writing.

Competent authorities may require investment firms to keep additional records to the list identified in Annex I to this Regulation.