June 24, 1999
Charles F. Plassenthal, Manager
Dayton Firefighters Federal Credit Union
338 South Patterson Boulevard
Dayton, Ohio 45402-2845
You have asked for a legal opinion on whether Dayton Firefighters
Federal Credit Union (FCU) would meet regulatory requirements
for records retention if it scans members' original paper loan
applications and promissory notes onto a laser disk imaging computer
system, and then destroys the originals. You have also asked whether
the printed copies of the scanned images would be indisputable
for legal purposes.
The National Credit Union Administration (NCUA) recommends that
the FCU retain all original loan documents until the borrower
satisfies the loan. After the borrower satisfies the loan, NCUA
leaves the decision on retaining loan records to the discretion
of the FCU's board of directors, subject to any other applicable
federal and state records retention laws. The FCU should consult
local counsel on whether the printed copies of the scanned images
would be indisputable in a court of local jurisdiction in Ohio.
The NCUA regulation governing preservation of vital records by
federally insured credit unions does not include loan documents
among the vital records that the credit union must preserve.
12 C.F.R. Part 749 (enclosed). The NCUA Accounting Manual
for Federal Credit Unions (the Manual), at section 5190 (enclosed),
sets forth NCUA's policies for FCU records retention. The Manual
recommends that the FCU consult with local counsel regarding whether
a court in the FCU's jurisdiction would accept microfilmed records.
The same applies for printed copies of scanned records.
The Manual also provides that the FCU should retain all original
loan documents until the borrower satisfies the loan and as other
records retention laws require, including Regulation Z, Regulation
B, Regulation C, the Real Estate Settlement Procedures Act, Flood
Disaster Protection Act, the Fair Credit Reporting Act, the Bank
Secrecy Act, and any other applicable law or regulation. We
have enclosed the record retention provisions in Regulation Z,
Regulation B, and Regulation M, and the corresponding Federal
Reserve Board Official Staff Interpretations that you may find
helpful on this issue. 12 C.F.R. §§202.12, 213.8, 226.25,
and Appendices.
Enclosed are letters from me to Robert N. Buck, dated August 25,
1998, regarding the use of imaging system for records storage,
and to John U. Barker, dated June 25, 1998, regarding the Manual
and permanent retention of records. Finally, we recommend you
consult with your NCUA examiner regarding any related safety and
soundness issues.
Sincerely,
Sheila A. Albin
Associate General Counsel
GC/RMM:bhs
SSIC 3500
99-0443
Enclosures