6-242

6-242. Preservation of bank records;
regulations; disposal

A. Every bank shall retain its corporate and business records in accordance with
regulations of the superintendent. The regulations shall classify the records, establish
permissible methods for effective and economical preservation of information contained in
the records if the originals are destroyed pursuant to regulation, and prescribe the
minimum periods of time each record or permitted substitute shall be preserved.

B. In issuing his regulations under subsection A, the superintendent shall
consider:

1. Actions at law and administrative proceedings in which the production of bank
records might be necessary or desirable.

2. Statutes of limitation applicable to such action or proceedings.

3. The availability of information contained in bank records from other sources.

4. Such other matters as he shall deem pertinent in order that his regulations will
require banks to retain records for as short a period of time as is commensurate with the
interests of bank customers and shareholders and of the people of this state in having
bank records available.

C. A bank may dispose of any record or permitted substitute which has been retained
for the applicable record prescribed in accordance with the terms of this section, and
shall thereafter be under no duty to produce such record in any action or proceeding.