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Commission Delegated Regulation (EU) No 231/2013Show full title
Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision (Text with EEA relevance)
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- Revised 01/04/20201.17 MB
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Changes over time for: Article 66
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Commission Delegated Regulation (EU) No 231/2013, Article 66 is up to date with all changes known to be in force on or before 12 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 66:
- Regulation revoked by 2023 c. 29 Sch. 1 Pt. 3
Article 66U.K.Recordkeeping requirements
1.AIFMs shall ensure that all required records referred to in Articles 64 and 65 are retained for a period of at least five years.
However, [F1the FCA] may require AIFMs to ensure that any or all of those records are retained for a longer period, taking into account the nature of the asset or portfolio transaction, where it is necessary to enable the authority to exercise its supervisory functions under [F2the UK provisions which implemented] Directive 2011/61/EU.
2.Following the termination of the authorisation of an AIFM, the records are to be retained at least for the outstanding term of the five-year period referred to in paragraph 1. [F3The FCA] may require retention for a longer period.
Where the AIFM transfers its responsibilities in relation to the AIF to another AIFM, it shall ensure that the records referred to in paragraph 1 are accessible to that AIFM.
3.The records shall be retained on a medium that allows the storage of information in a way accessible for future reference by the [F4FCA], and in such a form and manner that:
(a)the [F5FCA is] able to access them readily and to reconstitute each key stage of the processing of each portfolio transaction;
(b)corrections or other amendments, and the contents of the records prior to such corrections or amendments, may be easily ascertained;
(c)no other manipulation or alteration is possible.
Textual Amendments
F1Words in Art. 66(1) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 29(7)(a)(i) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 66(1) inserted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 29(7)(a)(ii) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 66(2) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 29(7)(b) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 66(3) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 29(7)(c)(i) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 66(3)(a) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 29(7)(c)(ii) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
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