Entire Act

16. RECORD KEEPING AND INTERNAL AUDIT

16.1. Record keeping requirements

An Authorised Firm must, for a minimum of six years, maintain sufficient records in relation to each activity and function of the Authorised Firm. These must include, where applicable, the records kept in accordance with the rules in COB as summarised in the table in COB 16.2.

16.2. Table summarising record keeping requirements

COB reference

Nature of record

Length of record keeping requirement

Date from which record must be kept

COB 2.10

Record of Client classification

Six years

Date on which the business relationship with a Client ended

COB 3.5

Financial Promotion issued by, or on behalf of, the Authorised Firm

Six years

Date on which the Financial Promotion ceases to be made

COB 4.5

A record of each Client Agreement including any subsequent amendments to it as agreed with the Client

Six years

From the date the Client ceases to be a Client of the Authorised Firm

COB 5.5

Suitability report

Six years

From the date the Client ceases to be a Client of the Authorised Firm

COB 6.2.9

Records of orders and transactions

Six years

From date of order or transaction

COB 7.4.5

Record of inducements disclosed

Six years

From the date on which the inducement was disclosed

COB 8.2.8

Record of Client Money received in the form of cheque, or other payable order

Six years

From date of receipt

COB 8.2.20

Records which enable an Authorised Firm to determine promptly the total amount of Client Money that it holds for each of its Clients

Six years

From the date the Client ceases to be a Client of the Authorised Firm

COB 8.3.15

Records in respect of Client Investments

Six years

From the date the Client ceases to be a Client of the Authorised Firm

COB 9.1.5

A copy of each confirmation note sent to a Client

Six years

From the date of despatch

COB 9.2.2

A copy of any periodic statement provided to a Client

Six years

From the date on which it was provided

COB 8.5.13

A copy of any agreement entered into between an insurer and that Insurance Intermediary acting as agent

Six years

From the date on which that agreement is terminated

COB 8.5.13

Records of all sums withdrawn from the Insurance Bank Account

Six years

From the date of withdrawal or realisation

COB 15.4.1

Record of all Complaints made against the Authorised Firm for a minimum period of six years

Six years

From the date of receipt of a Complaint


16.3. Internal Audit of Client Statements

At least annually, a sample of Client statements provided by an Authorised Firm under any of COB 8.2.19, 8.3.14, 9.2 or 8.5.16 must be reviewed by the internal audit function of the Authorised Firm established under GEN 5.5. The sample must be significant and stratified.

Guidance: Significant and Stratified Sample

A sample will be considered “significant” if it includes ≥5% of the total number of Client statements provided during the review period. A sample will be considered “stratified” if it is drawn proportionately from a range of different Client types based on appropriate factors in light of the business of the Authorised Firm, which may include, for example: status (Retail Clients versus Professional Clients), business type, assets, income, geography and types of products held with the Authorised Firm. The results of the internal audit review must be made available to the AFSA upon request.