7-1-63
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7-1-63.
(a)
The department shall issue regulations classifying records kept by financial
institutions and prescribing the period, if any, for which records of each class
shall be retained and the form in which such records shall be maintained. Such
periods may be permanent or for a lesser term of years. In issuing such
regulations, consideration shall be given to the objectives of this chapter and
to:
(1)
Evidentiary effect in actions at law and administrative proceedings in which the
production of records of financial institutions might be necessary or desirable;
(2)
State and federal statutes of limitation applicable to such actions or
proceedings;
(3)
Availability of information contained in the records of the financial
institution from other sources;
(4)
Requirements of electronic systems of transferring funds; and
(5)
Other pertinent matters;
so
that financial institutions will be required to retain records for as short a
period as is commensurate with interests of customers, shareholders, and the
people of this state.
(b)
The regulations of the department shall not require financial institutions to
maintain originals of checks or items for the payment of money or original
computer tapes or original records with respect to accounts which have been
inactive for a period of 12 successive months. Where a financial institution
employs computers, its records may consist of legible products of computer
operations.
(c)
Any copy of a record or of a reproduction of a record stored in an electronic or
photographic medium permitted to be kept in lieu of the original, under this
Code section or the regulations of the department, including legible products of
computer operations, shall be admissible in evidence as though it were the
original.