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#88094 - 06/13/03 06:34 PM Retention Policy
Skittles Offline
10K Club
Skittles
Joined: Sep 2002
Posts: 13,965
TN
The DFI is currently in our bank performing a safety and soundness audit. They have asked to see our Retention Policy. Is this something new? My previous employer was a Kentucky bank and the State of Kentucky has a retention schedule that banks must follow. I'm guessing that because Indiana doesn't we're required to have this policy.
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#88095 - 06/13/03 08:50 PM Re: Retention Policy
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
IN 28-2-12-5 use to govern the retention requirements, however that Code was repealed and for the most part they follow federeal requirements now.

There are some specific requirement for mortgage lenders and mortgage brokers.

XIII.: Recordkeeping and Record Retention Requirements

Mortgage Lenders

Records pertaining to consumer loans must be retained for two years after making the final entry relating to the transaction, however in the case of a revolving loan the two years is measured from the date of each entry. See Ind. Code §24-4.5-3-505.

Mortgage Brokers

Under the Indiana Loan Brokers Act, each loan broker agreement must be given an account number. See Ind. Code §23-2-5-18. Each loan broker licensee must keep and maintain the following records or their electronic equivalent:

(1) A file for each borrower or proposed borrower that contains the following:

(a) the name and address of the borrower or any proposed borrower;

(b) a copy of the signed loan broker agreement;

(c) a copy of any other papers or instruments used in connection with the loan broker agreement and signed by the borrower or any proposed borrower;

(d) if a loan was obtained for the borrower, the name and address of the creditor;

(e) if a loan is accepted by the borrower, a copy of the loan agreement; and

(f) the amount of the loan broker's fee that the borrower has paid and the amount of any unpaid balance and the status of any collection efforts;


(2) all receipts from or for the account of borrowers or any proposed borrowers and all disbursements to or for the account of borrowers or any proposed borrowers, recorded so that the transactions are readily identifiable;

(3) a general ledger that must be posted at least monthly, and a trial balance sheet and profit and loss statement prepared within 30 days of the Securities Commissioner's request for the information;

(4) a sample of:

(a) all advertisements, pamphlets, circulars, letters, articles, or communications published in any newspaper, magazine, or periodical;

(b) scripts of any recording, radio, or television announcement; and

(c) any sales kits or literature to be used in solicitation of borrowers.



See id. at §23-2-5-18.

These records must be kept for a period of two years in the licensee's principal office and must be separate or readily identifiable from the records of any other business that is conducted in the office of the loan broker. See id.
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#88096 - 06/13/03 08:53 PM Re: Retention Policy
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
Sorry, I forgot to add that I'm not aware of any state "requirement" to have a retention policy, although we do.

If it is a requirement, I would appreciate you getting the proper reference for it.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#88097 - 06/17/03 12:33 PM Re: Retention Policy
Skittles Offline
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Skittles
Joined: Sep 2002
Posts: 13,965
TN
Dan - I've got the information on this now. It's required by IC 28-13-10-11 (c).
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#88098 - 06/17/03 02:21 PM Re: Retention Policy
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
That's pretty damn sneaky. They repealed the requirement from the banking section of the code and moved it into the corporate code under meeting and actions of the board.

Thanks for the info.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#88099 - 06/20/03 02:25 PM Re: Retention Policy
Anonymous
Unregistered

During our last exam. we too were told to get a record retention policy written. I have had a very difficult time trying to get my hands on a sample policy. I can find numerous retention schedules, but no policies. I have put one together, but it has not been approved by the BOD and I really don't feel good about it. Maybe that is because I don't have anything to compare it to. If anyone has one that they would be willing to share, please email it to me at dtimberlake@c-f-b.com. Thanks for helping me out.

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#88100 - 06/22/03 02:42 AM Re: Retention Policy
Anonymous
Unregistered

I have a short one I actually took off this site (I think) - I've also got a draft of a retention manual if you're interested. If you want to send a "floppie" to my office, I'll download it for you. (I separated the sections into "folders", then "word documents" and the folders do not seem to attach to e/m's...and there's too many word documents to sent by e/m. The disk will also have my policy - unless that's all you want - in which case I can send that off by itself...

e/m at Bmcguire@cbtks.com with your decision...
Barbara McGuire
VP, Compliance - Commerce Bank & Trust, Topeka, KS

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