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  • AML-6 AML-6 Record Keeping

    • AML-6.1 AML-6.1 General Requirements

      • CDD and Transaction Records

        • AML-6.1.1

          Capital Market Licensees must comply with the record-keeping requirements contained in the AML Law and in the CBB Law. Capital Market Licensees must therefore retain adequate records (including accounting and identification records), for the following minimum periods:

          (a) For customers, in relation to evidence of identity and business relationship records (such as application forms, account files and business correspondence, including the results of any analysis undertaken (e.g. enquiries to establish the background and purpose of complex, unusual large transactions)), for at least five years after the customer relationship has ceased; and
          (b) For transactions, in relation to documents enabling a reconstitution of the transaction concerned, for at least five years after the transaction was completed.
          Amended: January 2022
          Amended: July 2016
          Added: October 2010

        • AML-6.1.1A

          For the purposes of Subparagraph AML-6.1.1(b), crypto-asset licensees must maintain all records of transactions in such form or manner that individual transactions can be reconstructed swiftly and the records can associate the transactions to a natural person.

          Added: January 2020

        • AML-6.1.1B

          Crypto-asset licensees must maintain information obtained through enhanced customer due diligence (refer CRA-7.1.3 of Module CRA), including information relating to the identification of the relevant customers, the public keys (or equivalent identifiers), addresses or accounts involved (or equivalent identifiers), the nature and date of transaction and the amount transferred.

          Added: January 2020

        • AML-6.1.1C

          Crypto-asset licensees relying solely on the public information available on the blockchain or other type of distributed ledger underlying the accepted crypto-asset for record keeping in not sufficient for compliance with AML-6.1.1 and AML-6.1.1A. The information available on the blockchain or other type of distributed ledger may enable to trace transactions back to a wallet, though may not readily link the wallet address to the name of the customer and the beneficial owner. Crypto-asset licensees must ensure that additional information necessary to associate the wallet address to a natural person is maintained.

          Added: January 2020

      • Compliance Records

        • AML-6.1.2

          Capital Market Licensees must retain copies of the reports produced for their annual compliance review, as specified in rule AML-3.3.1, for at least five years. Capital Market Licensees must also maintain for five years reports made to, or by, the MLRO made in accordance with sections AML-4.1 and AML-4.2, and records showing how these reports were dealt with and what action, if any, was taken as a consequence of those reports.

          Amended: January 2022
          Added: October 2010

        • AML-6.1.3

          When required to deliver the original copy of a record concerning any transaction, or a document pertaining thereto before the expiry of the prescribed period, the Capital Market Licensees shall observe the following:

          (a) They shall maintain a complete copy of the delivered record or documents until the end of the period prescribed for maintaining the original records or documents.
          (b) They shall maintain a record of the delivered documents.
          Amended: January 2022
          Added: October 2010

      • Training Records

        • AML-6.1.4

          Capital Market Licensees must maintain for at least five years, records showing the dates when AML/CFT training was given, the nature of the training, and the names of the staff that received the training.

          Amended: January 2022
          Added: October 2010

      • Access

        • AML-6.1.5

          All records required to be kept under this section must be made available for prompt and swift access by the Relevant Authorities or other authorised Persons.

          October 2010