Document ID: chunk:federal_register_of_legislation:F2024C01137:reg:8a:p2
Version: federal_register_of_legislation:F2024C01137
Segment Type: reg
Provision Reference: reg 8A (pt 2/6)
Character Range: 49279–52081

(3), the Reporting Entity must use its best endeavours to determine the UTI generating entity (new UTI generating entity) according to the next applicable item in Table 2 in subrule (3); and
         2.         if the new UTI generating entity:
                1.          is the Reporting Entity; or
                2.        is not the Reporting Entity and does not provide the Reporting Entity with a UTI in sufficient time to enable the Reporting Entity to report the UTI for the Reportable Transaction in accordance with rule 2.2.3;
        the Reporting Entity must generate a UTI and report that UTI for the Reportable Transaction in accordance with this Part.
           Note: A Reporting Entity may not receive a UTI from another entity in sufficient time to report the Reportable Transaction because, for example, the other entity is not required by the rules of its home jurisdiction to generate a UTI or the UTI generating entity has not promptly provided the UTI to the Reporting Entity.
(7) A Reporting Entity may appoint a person (Service Provider) to generate the UTI for a Reportable Transaction for which the Reporting Entity is the UTI generating entity, provided that:
         1.         the terms of the Service Provider's appointment and any related agreements or arrangements require that the Service Provider generate a UTI using the Service Provider's LEI as the LEI component of the UTI; and
         1.        the terms of the Service Provider's appointment and any related agreements or arrangements require that the Service Provider provide that UTI to the other counterparty in accordance with subrule (5)(b).
(8) For the avoidance of doubt, a Reporting Entity:
         1.         that appoints a Service Provider under subrule (7); or
         2.        is an RE or Trustee that appoints a person to enter into OTC Derivative Transactions on behalf of the RE or Trustee and that person acts for the RE or Trustee under this Rule for a Reportable Transaction;

contravenes this Rule if the Service Provider or person appointed does not determine and provide a UTI as required under this Rule 2.2.9.

Part 2.3 Records

2.3.1 Keeping of records

(1) A Reporting Entity must keep records that enable the Reporting Entity to demonstrate it has complied with the requirements of these Rules.

(2) A Reporting Entity must keep the records referred to in subrule (1) for a period of at least five years from the date the record is made or amended.

(3) Without limiting subrule (1) and subject to subrule (4), a Reporting Entity must keep a record of all information that it is required to report under subrules 2.2.1(1) and 2.2.2(1).

(4) A Reporting Entity is not required to keep the records referred to in subrule (3) where the Reporting Entity has arrangements in place to