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Commission Delegated Regulation (EU) 2017/589 of 19 July 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the organisational requirements of investment firms engaged in algorithmic trading (Text with EEA relevance)
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Commission Delegated Regulation (EU) 2017/589, Article 9 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
EUR 2017 No. 589 may be subject to amendment by EU Exit Instruments made by both the Prudential Regulation Authority and the Financial Conduct Authority under powers set out in The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 4. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.
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1.An investment firm shall annually perform a self-assessment and validation process and on the basis of that process issue a validation report. In the course of that process the investment firm shall review, evaluate and validate the following:
(a)its algorithmic trading systems, trading algorithms and algorithmic trading strategies;
(b)its governance, accountability and approval framework;
(c)its business continuity arrangement;
(d)its overall compliance with Article 17 of Directive 2014/65/EU, having regard to the nature, scale and complexity of its business.
The self-assessment shall also include at least an analysis of compliance with the criteria set out in Annex I to this Regulation.
2.The risk management function of the investment firm referred to in Article 23(2) of Commission Delegated Regulation (EU) 2017/565(1), shall draw up the validation report and, for that purpose, involve staff with the necessary technical knowledge. The risk management function shall inform the compliance function of any deficiencies identified in the validation report.
3.The validation report shall be audited by the firm's internal audit function, where such function exists, and be subject to approval by the investment firm's senior management.
4.An investment firm shall remedy any deficiencies identified in the validation report.
5.Where an investment firm has not established a risk management function referred to in Article 23(2) of Delegated Regulation (EU) 2017/565, the requirements set out in relation to the risk management function in this Regulation shall apply to any other function established by the investment firm in accordance with Article 23(2) of Delegated Regulation (EU) 2017/565.
Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (see page 1 of this Official Journal).
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