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🔗 Back to Summary. 🇫🇷 French Version: 2009L0065_FR.98. Open the PDF. Direct link to EUR-LEX.
Article 97 – 1. ⬅️ | ➡️ Article 99 – 1.
Article 98 - 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;
(d)
require:
(i)
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;
(ii)
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.