In this act Annex I of 4
ANNEX I
Financial servicesLevel 2Delegated RegulationMiFID IIIn forceOfficial source
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 44 to 51 of this Regulation | Article 24(4) of Directive 2014/65/EU Articles 44 to 51 of this Regulation | |
| Client agreements | Records as provided for under Article 25(5) of Directive 2014/65/EU | Article 25(5) Directive 2014/65/EU Article 58 of this Regulation | |
| Assessment of suitability and appropriateness | Content as provided for under paragraphs 2 and 3 of Article 25 of Directive 2014/65/EU and Articles 54, 55 and 60 of this Regulation | Article 25(2) and (3) of Directive 2014/65/EU Articles 54, 55 and 56 of this Regulation | |
| Order handling | |||
| Client order-handling – Aggregated transactions | Records as provided for under Articles 67 to 70 of this Regulation | Articles 24(1) and 28(1) of Directive 2014/65/EU Articles 67 to 70 of this Regulation | |
| Aggregation and allocation of trans-actions for own account | Records as provided for under Article 69 of this Regulation | Articles 24(1) and 28(1) of Directive 2014/65/EU Article 69 of this Regulation | |
| Client Orders and transactions | |||
| Record keeping of client orders or decision to deal | Records as provided for under Article 74 of this Regulation | Article 16(6) of Directive 2014/65/EU Article 74 of this Regulation | |
| Record keeping of transactions and order processing | Records as provided for under Article 75 of this Regulation | Article 16(6) of Directive 2014/65/EU Article 75 of this Regulation | |
| Reporting to clients | |||
| Obligation in respect of services provided to clients | Contents as provided for under Articles 59 to 63 of this Regulation | Paragraphs 1 and 6 of Article 24 and paragraphs 1 and 6 of Article 25 of Directive 2014/65/EU Articles 59 to 63 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 | Paragraphs 8, 9 and 10 of Article 16 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 50 of this Regulation | Article 24(4), point (c) of Directive 2014/65/EU Article 50 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 47, 48 and 49 of this Regulation | Article 24(4) of Directive 2014/65/EU Articles 47, 48 and 49 of this Regulation | |
| Information to clients | Records of communication | Article 24(3) of Directive 2014/65/EU Article 46 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 44 and 46 of this Regulation | Article 24(3) of Directive 2014/65/EU Articles 44 and 46 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), point (f) of this Regulation | Paragraphs 2 to 10 of Article 16 of Directive 2014/65/EU Article 21(1), point (f) of this Regulation | |
| Compliance reports | Each compliance report to management body | Article 16(2) of Directive 2014/65/EU Article 22(2), point (c) 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 disclosed to clients under Article 24(9) of Directive 2014/65/EU | Article 24(9) of Directive 2014/65/EU Article 11, 12 and 13 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), point (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(5), point (c) of this Regulation | Article 16(2) of Directive 2014/65/EU Article 29(5), point (c) of this Regulation | |