(1) Every state bank shall retain its business records for such periods as are prescribed by or in accordance with the terms of this section.
Each state bank shall retain permanently the minute books of meetings of its stockholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger (or the record kept by the bank in lieu thereof), its daily statements of condition, and all records that the banking board shall, in accordance with the terms of this section, require to be retained permanently.
All other state bank records shall be retained for such periods as the banking boardshall, in accordance with the terms of this section, prescribe.
The banking board shall from time to time issue rules classifying all records kept bystate banks and prescribing the period for which records of each class shall be retained. Such periods may be permanent or for a term of years. Such rules may be amended or repealed. Prior to issuing any such rule, the banking board shall consider:
Actions and administrative proceedings in which the production of bank records might be necessary or desirable;
State and federal statutes of limitation applicable to such actions or proceedings;
The availability of information contained in bank records from other sources;
Such other matters as the banking board deems pertinent in order that its rules willrequire banks to retain their records for such periods as are commensurate with the interests of bank customers and shareholders and of the people of this state in having bank records available.
Any state bank may dispose of any record that has been retained for the period prescribed, in accordance with the terms of this section for retention of records of its class, and shall, after it has disposed of a record, thereafter be under no duty to produce such record in any action or proceeding.
In lieu of retention of the original records, any state bank may cause any of its records and records at any time in its custody, including those held by it as a fiduciary, to be photographed or otherwise reproduced in permanent form. Any such photograph or reproduction shall have the same force and effect as the original and be admitted in evidence equally with the original.
To the extent that they are not in contravention of any statute of the United States orany rule promulgated thereunder, the provisions of this section shall apply to all banks doing business in this state.
Source: L. 2003: Entire article added with relocations, p. 1074, § 3, effective July 1.
Editor's note: This section is similar to former § 11-2-113 as it existed prior to 2003.