CHAPTER IIADMINISTRATIVE PROCEDURES AND CONTROL MECHANISM
(Article 12(1)(a) and Article 14(1)(c) of Directive 2009/65/EC)
SECTION 3Internal control mechanisms
Article 16Recordkeeping requirements
1
Member States shall require management companies to ensure the retention of the records referred to in Articles 14 and 15 for a period of at least 5 years.
However, competent authorities may, in exceptional circumstances, require management companies to retain any or all of those records for a longer period, determined by the nature of the instrument or portfolio transaction, where it is necessary to enable the authority to exercise its supervisory functions under Directive 2009/65/EC.
2
Following the termination of the authorisation of a management company, Member States or competent authorities may require the management company to retain records referred to in paragraph 1 for the outstanding term of the 5-year period.
Where the management company transfers its responsibilities in relation to the UCITS to another management company, Member States or competent authorities may require that arrangements are made that such records for the past 5 years are accessible to that company.
3
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 must be able to access them readily and to reconstitute each key stage of the processing of each portfolio transaction;
b
it must be 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 must not be possible for the records to be otherwise manipulated or altered.