Commission Delegated Regulation (EU) 2017/392Show full title

Article 57 Business Records

1. A CSD shall maintain adequate and orderly records of activities related to its business and internal organisation.

2. The records referred to in paragraph 1 shall reflect any substantive changes in the documents held by the CSD and shall include the following:

(a) the organisational charts for the management body, senior management, relevant committees, operational units and all other units or divisions of the CSD;

(b) the identities of the shareholders, whether natural or legal persons, that exercise direct or indirect control over the management of the CSD or that have participations in the capital of the CSD and the amounts of those holdings;

(c) participations of the CSD in the capital of other legal entities;

(d) the documents attesting the policies, procedures and processes required under the CSD's organisational requirements and in relation to the services provided by the CSD;

(e) the minutes of management body meetings and of meetings of senior management committees and other committees;

(f) the minutes of meetings of the user committees;

(g) the minutes of consultation groups with participants and clients, if any;

(h) internal and external audit reports, risk-management reports, internal control and compliance reports, including responses from the senior management to the reports;

(i) all outsourcing contracts;

(j) business continuity policy and disaster recovery plan;

(k) records reflecting all assets, liabilities and capital accounts of the CSD;

(l) records reflecting all costs and revenues, including costs and revenues which are accounted separately in accordance with Article 34(6) of Regulation (EU) No 909/2014;

(m) formal complaints received, including information on the complainant's name and address; the date when the complaint was received; the name of all persons identified in the complaint; a description of the nature and content of the complaint; and the date when the complaint was resolved;

(n) records of any interruption of services or dysfunction, including a detailed report on the timing, effects and remedial actions of that interruption or dysfunction;

(o) records of the results of the back and stress tests performed by the CSDs providing banking-type ancillary services;

(p) written communications with the competent authority, ESMA and relevant authorities;

(q) legal opinions received in accordance with the relevant provisions on organisational requirements in accordance with Chapter VII of this Regulation;

(r) documentation regarding link arrangements in accordance with Chapter XII of this Regulation;

(s) tariffs and fees applied to the different services, including any discount or rebate.