FCA SYSC 9.1
Records required include those on the business and internal organisation of the firm as well as all services and transactions undertaken by it.
Generally, the records must be retained for as long as is relevant for the purposes for which they are made.
A common platform firm or must retain records related to its MiFID business for a period of at least five years.
The same five year retention period applies to a firm distributing insurance-based investment products though COBS 9A.4.3R and COBS 10A.7.2AR requirements mean that the records may need to be held for a longer period.
Generally it must be possible to reproduce the records on paper and in English.
If a record is not in English it can be retained in that language, however a translation should be provided on request.
If a record relates to business carried out outside the UK the official language of the country in which the business is undertaken can be used.
In connection with records for non-MiFID business a firm must have appropriate systems and controls in place that ensure the security of and acces to the records. (SYSC 9.1.5)
The Citi case highlighted compliance deficiencies compounded by human error. Here are some practical tips to avoid making the same mistakes.
Therese Chambers outlined new enforcement strategy to speed up investigations and clarified new enforcement publicity proposals.
Jean Hurley4 min read
Now that the cap has been removed, we look at the practical implications for banks, building societies and PRA-designated investment firms.
If your firm is subject to one or multiple regimes, you should ensure your controls and approach are aligned with the relevant regulators’ expectations.
The judgment is critical of the FCA's conduct of the investigation and enforcement processes.
Adam Jamieson | Ashurst, Nathan Willmott | Ashurst5 min read
According to the FCA a "significant minority" of firms are not adhering to their compliance obligations and are exposing consumers to harm.
Thomas Hyrkiel1 min read
The FCA will be responsible for regulating pensions dashboard services and is consulting on a new regulatory framework for firms providing these; the consultation closes on 16 February 2023.
Thomas Hyrkiel2 min read
Further Reading