1.The competent authorities shall be given all supervisory and investigatory powers that are necessary for the exercise of their functions. Such powers shall be exercised:
(a)directly;
(b)in collaboration with other authorities;
(c)under the responsibility of the competent authorities, by delegation to entities to which tasks have been delegated; or
(d)by application to the competent judicial authorities.
2.Under paragraph 1, competent authorities shall have the power, at least, to:
(a)access any document in any form and receive a copy thereof;
(b)require any person to provide information and, if necessary, to summon and question a person with a view to obtaining information;
(c)carry out on-site inspections;
[F1(d) require:
in so far as permitted by national law, existing data traffic records held by a telecommunications operator, where there is a reasonable suspicion of an infringement and where such records may be relevant to an investigation into infringements of this Directive;
existing recordings of telephone conversations or electronic communications or other data traffic records held by UCITS, management companies, investment companies, depositaries or any other entities regulated by this Directive;]
(e)require the cessation of any practice that is contrary to the provisions adopted in the implementation of this Directive;
(f)request the freezing or the sequestration of assets;
(g)request the temporary prohibition of professional activity;
(h)require authorised investment companies, management companies or depositaries to provide information;
(i)adopt any type of measure to ensure that investment companies, management companies or depositaries continue to comply with the requirements of this Directive;
(j)require the suspension of the issue, repurchase or redemption of units in the interest of the unit-holders or of the public;
(k)withdraw the authorisation granted to a UCITS, a management company or a depositary;
(l)refer matters for criminal prosecution; and
(m)allow auditors or experts to carry out verifications or investigations.
Textual Amendments
F1 Substituted by Directive 2014/91/EU of the European Parliament and of the Council of 23 July 2014 amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards depositary functions, remuneration policies and sanctions (Text with EEA relevance).