ML 7.3 Record keeping arrangements
SYSC 3.2.20 R (Records) requires a relevant firm to take reasonable care to make and retain adequate records (including accounting records). This section amplifies this requirement.
- (1)
A relevant firm must make and retain, for the periods specified in (2), the following records:
- (a)
in relation to evidence of identity:
- (i)
a copy of the evidence of identity obtained under ML 3; or
- (ii)
a record of where a copy of the evidence of identity can be obtained; or
- (iii)
when it is not reasonably practicable to comply with (i) or (ii), a record of how the details of the evidence of identity can be obtained; and when it has concluded it should treat a client as financially excluded ML 3.1.5 G to ML 3.1.7 G (Financial exclusion), a record of the reasons for doing so;
- (i)
- (b)
a record containing details of every transaction carried out by the relevant firm with or for the client in the course of regulated activity;
- (c)
[deleted]1
- (d)
records of action taken under ML 4.1 (Internal reporting) and ML 4.3 (External reporting); and
- (e)
when an MLRO has considered information or other matter concerning knowledge or suspicion that another person has engaged in money laundering, but has not made a report to NCIS under ML 4.3, a record of that information or other matter.
- (a)
- (2)
The specified periods are:
- (a)
in relation to evidence of identity, five years from the end of the relevant firm's relationship with the client;
- (b)
in relation to transactions within (1)(b), five years from the date when the transaction was completed; and1
- (c)
[deleted]1
- (d)
in any other case, five years from the obtaining of the information or the creation of the record.
- (a)
- (3)
"Transaction" in (2) does not include advice given to a client unless such advice is followed by a transaction with monetary value.
Records kept under SYSC 3.2.20 R should include the dates when anti-money laundering training was given, the nature of the training, and the names of the staff who received training; and (in relation to anti-money laundering monitoring) reports by the MLRO made in accordance with ML 4.3, and records of consideration of those reports and of any action taken as a consequence.