TITLE IIBENCHMARK INTEGRITY AND RELIABILITY

CHAPTER 1Governance of and control by administrators

Article 8Record-keeping requirements

1.

An administrator shall keep records of:

(a)

all input data, including the use of such data;

(b)

the methodology used for the determination of a benchmark;

(c)

any exercise of judgement or discretion by the administrator and, where applicable, by assessors, in the determination of a benchmark, including the reasoning for said judgement or discretion;

(d)

the disregard of any input data, in particular where it conformed to the requirements of the benchmark methodology, and the rationale for such disregard;

(e)

other changes in or deviations from standard procedures and methodologies, including those made during periods of market stress or disruption;

(f)

the identities of the submitters and of the natural persons employed by the administrator for the determination of a benchmark;

(g)

all documents relating to any complaint, including those submitted by a complainant; and

(h)

telephone conversations or electronic communications between any person employed by the administrator and contributors or submitters in respect of a benchmark.

2.

An administrator shall keep the records set out in paragraph 1 for at least five years in such a form that it is possible to replicate and fully understand the determination of a benchmark and enable an audit or evaluation of input data, calculations, judgements and discretion. Records of telephone conversation or electronic communications recorded in accordance with point (h) of paragraph 1 shall be provided to the persons involved in the conversation or communication upon request and shall be kept for a period of three years.