What are the client records and retention requirements?

3 min read

Chapter 4: Client Records & Retention

Record retention requirements are among the most straightforward CIRO obligations, yet misunderstanding persists about what counts, when the clock starts, and what format is acceptable.

4.1 What Counts as "Books and Records"

CIRO's definition is broad. "Records" includes "books, records, client files and information and other documentation, including electronic documents, related to the Investment Dealer Rule Regulated Person's business."

Your client file is a subset of the broader category. Books and records include:

CategoryExamples
Client filesKYC forms, account agreements, client correspondence
Transaction recordsTrade confirmations, order tickets, instructions
Communication recordsEmails, meeting notes, phone call documentation
Compliance recordsSuitability assessments, disclosures, conflict documentation
Account recordsStatements, reports, performance data

The key principle: if it relates to your business with clients, it is likely a record that must be retained.

4.2 The 7-Year Requirement

The retention period is seven years from the date the record is created. Not from the date of the transaction. Not from account closure. From creation.

7-Year Retention Framework

Record TypeRetention StartDuration
KYC documentationDate created7 years
Suitability memosDate created7 years
Client correspondenceDate created7 years
Meeting notesDate created7 years
Trade documentationDate created7 years
Disclosure recordsDate created7 years

This is a prescriptive requirement, not principles-based. Seven years from creation. No flexibility.

Seven years from the date the record is created, not from transaction date, not from account closure.

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4.3 Format Requirements

CIRO's approach to format is "technology neutral." Records may be maintained electronically. The requirements for electronic records:

  • Secure: Protected from unauthorized access or alteration
  • Retrievable: Accessible within a reasonable time
  • Legible: Clear and readable regardless of format
  • Accessible: Available to clients or CIRO staff upon request

Original documents may need to be retained in some cases (for example, where signature authenticity might be challenged).

4.4 Common Mistakes to Avoid

Frequent retention errors include:

  • Starting the clock from transaction date instead of record creation date
  • Disposing of records when a client leaves (the seven years still applies)
  • Failing to retain copies when transferring with an Approved Person to another dealer
  • Inadequate controls for electronic records (no backups, no access controls)
  • Mixing personal and business records on shared devices

When an advisor transfers to another dealer, both the old and new dealer must retain applicable records. The client file belongs to the dealer, not the advisor. Records must be retained regardless of who holds the client relationship.

Key Takeaways

  • 'Books and records' is broader than your client file
  • Seven years from date of creation (prescriptive, not flexible)
  • Electronic records must be secure, retrievable, legible, and accessible
  • Records must be retained even when clients leave or you transfer
  • Original documents needed in some circumstances