6.2.1. Obligation to draw up insider lists

A Reporting Entity, or a Person acting on its behalf or on its account, must draw up a list of all Persons who have access to Inside Information and who are working for them under a contract of employment, or otherwise performing tasks through which they have access to Inside Information, such as advisers, accountants or credit rating agencies (Insider List).

6.2.2. Reporting Entity is responsible for complying with MAR 8.2.2 (Obligation to draw up insider lists)

Where another Person acting on behalf or on the account of the Reporting Entity assumes the task of drawing up and updating the Insider List, the Reporting Entity remains fully responsible for complying with MAR 6.2.21 (Obligation to draw up insider lists).

6.2.3. Contents of the Insider List

The Insider List must include at least:

• (a) the identity of any Person having access to Inside Information; and
• (b) the reason for including that Person in the Insider List; and
• (c) the date and time at which that Person obtained access to Inside Information; and
• (d) the date on which the insider list was drawn up.

6.2.4. Persons on the Insider List

A Reporting Entity, or a Person acting on its behalf or on its account, must take all reasonable steps to ensure that any Person on the Insider List acknowledges in writing the legal and regulatory duties entailed and is aware of the sanctions applicable to Insider Dealing and unlawful disclosure of Inside Information.

6.2.5. Updating the Insider list

A Reporting Entity, or a Person acting on its behalf or on its account, must update the Insider List promptly, including the date of the update, in the following circumstances:

• (a) where there is a change in the reason for including a Person already on the Insider List; and
• (b) where there is a new Person who has access to Inside Information and needs, therefore, to be added to the Insider List; and
• (c) where a Person ceases to have access to Inside Information. Each update must specify the date and time when the change triggering the update occurred.

6.2.6. Provision of Insider Lists to the AFSA

Reporting Entities or any Person acting on their behalf must provide the Insider List to the AFSA as soon as possible upon its request.

6.2.7. Record Keeping

A Reporting Entity, or a Person acting on its behalf or on its account, must retain the Insider List for a period of at least five years after it is drawn up or updated.