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Version date: 16 December 2016 - onwards

Question 8 Record keeping obligations related to investment advice [Last update: 16 December 2016]

Art. 16(6) of MiFID II Art. 16(7) of MiFID II Art. 25(6) of MiFID II

Where a firm is subject to several record keeping and documentation obligations in connection with the provision of investment advice, is the firm required to draft distinct documents or would one document containing the requirements of all of these different documents be sufficient?

Answer 8

MiFID II requires firms to comply with the following record keeping and recording obligations:

The requirement, included in Article 16(6) of MIFID II, to record all services, activities and transactions;

The requirement, included in Article 25(6) of MiFID II, to provide clients with reports on all services provided and in particular to provide a statement on suitability in case of the provision of investment advice, regardless of whether or not the investment advice is followed by a transaction (see Q&A 1).

Furthermore, in accordance with Article 16(7) of MiFID II, face-to-face conversations that relate to, at least

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