Skip to the text
In this act Article 15 of 62
Text as of 29 Nov 2022 · Consolidated version of 7 March 2024 · Same wording as today’s text.Today’s text

Article 15 — Business records

Financial servicesLevel 2RTSEMIRIn forceVerifiedOfficial source

15(1)

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

Copy link
15(2)

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:

Copy link
15(2)(a)
(a)the organisational charts for the board and relevant committees, clearing unit, risk management unit, and all other relevant units or divisions;
Copy link
15(2)(b)
(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;
Copy link
15(2)(c)
(c)the documents attesting the policies, procedures and processes required under Chapter III and Article 29;
Copy link
15(2)(d)
(d)the minutes of board meetings and, if applicable, of meetings of sub-committees of the board and of senior management committees;
Copy link
15(2)(e)
(e)the minutes of meetings of the risk committee;
Copy link
15(2)(f)
(f)the minutes of consultation groups with clearing members and clients, if any;
Copy link
15(2)(g)
(g)internal and external audit reports, risk management reports, compliance reports, and reports by consultant companies, including management responses;
Copy link
15(2)(h)
(h)the business continuity policy and disaster recovery plan, required under Article 17;
Copy link
15(2)(i)
(i)the liquidity plan and the daily liquidity reports, required under Article 32;
Copy link
15(2)(j)
(j)records reflecting all assets and liabilities and capital accounts as required under Article 16 of Regulation (EU) No 648/2012;
Copy link
15(2)(k)
(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;
Copy link
15(2)(l)
(l)records of any interruption of services or dysfunction, including a detailed report on the timing, effects and remedial actions;
Copy link
15(2)(m)
(m)records of the results of the back and stress tests performed;
Copy link
15(2)(n)
(n)written communications with competent authorities, ESMA and the relevant members of the ESCB;
Copy link
15(2)(o)
(o)legal opinions received in accordance with Chapter III;
Copy link
15(2)(p)
(p)where applicable, documentation regarding interoperability arrangements with other CCPs;
Copy link
15(2)(q)
(q)the information under Article 10(1)(b)(vii) and (1)(d);
Copy link
15(2)(r)
(r)the relevant documents describing the development of new business initiatives.
Copy link