8

Record Keeping

8.1

A UK firm which is exercising an EEA right must make a record of:

  1. (1) the services or activities it carries on from a branch in, or provides cross-border into, the territory of another EEA State under that EEA right; and
  2. (2) the details relating to those services or activities as set out in the EEA Passport Rights Regulations or the Commission Delegated Regulation (EU) 1151/2014 and Commission Implementing Regulation (EU) 926/2014 as applicable.

8.2

A UK firm passporting under MiFID must retain the record under 8.1 for five years from the earlier of the date on which:

  1. (1) it was superseded by a more up-to-date record; or
  2. (2) the UK firm ceased to have a branch in, or carry on cross border services into, the territory of any EEA State under an EEA right.

8.3

A UK firm passporting under any EEA right other than derived from MiFID must retain the record under 8.1 for three years from the earlier of the date on which:

  1. (1) it was superseded by a more up-to-date record; or
  2. (2) the UK firm ceased to have a branch in, or carry on cross border services into, any EEA State under an EEA right.