Retaining and Archiving Records
Thursday 11 January 2024
Why do you need to know?
You are required to keep records in accordance with the Industrial and Provident Societies Act 1965, Financial Conduct Authority (FCA) and Prudential Regulatory Authority (PRA) Regulations, Data Protection Regulations and Anti Money Laundering Regulations as well as HMRC requirements.
Key Points
- There are varying requirements for keeping records
- Records can be in hard copy or electronic format
- You should have a retention policy in place that outlines the requirements and how you would store or destroy records
- The credit union must comply to the 8 principles of data protection
Putting it into Practice
Credit unions require a structured system of record retention in order to maintain their records from creation to final preservation or destruction.
There are several important reasons for retaining records, including facilitating credit union operations and satisfying legal requirements. The legal requirements for maintaining records are generally found in statutes and regulations, but these requirements do not cover all records created by credit unions.
In addition, the legal requirements merely provide the minimum period of time that records must be retained by the credit union. Credit unions must exercise good business judgment when making retention decisions.
N.B. This should always comply with the Data Protection Act which requires that personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
Some records may be considered as historical record. Provided that the retention of those complies with legislation it is recommended that the credit union seek to store such records with a historical archive or record office.
To maintain an effective record retention strategy the credit union should be:
- setting policies and standards;
- assigning responsibilities and authorities;
- establishing and disseminate procedures and guidelines;
- integrating records management into business systems and processes.
Reproduction of Records
Many credit union records can be preserved on scans, machine copies, microfilm, microfiche, magnetic tape, or any electronic format that accurately reflects the information on the record. As long as a credit union follows vital records precautions and can easily access stored information and produce paper copies, all of the documents in this guide can be retained electronically unless marked “ORIGINAL FORMAT.”
Main retention criteria
| Membership Records | Required By | Retention Period |
| Register of Members | Co-operative and Community Benefit Societies Act 2014 | Permanently
|
| Rules and Amendments (as registered with the Financial Services Authority) | Co-operative and Community Benefit Societies Act 2014 | Permanently
|
| Receipts for any securities held, securities register and register of contracts of guarantee. | Co-operative and Community Benefit Societies Act 2014 | Permanently
|
| Minutes of annual and special general meetings and the meetings of the Board of Directors. | Co-operative and Community Benefit Societies Act 2014 | Permanently
|
| Members’ Share and Loan Register | Co-operative and Community Benefit Societies Act 2014 | Permanently
|
| Copies of Annual Returns | Regulator | Permanently
|
| Register of bad debts written off | Regulator | Permanently
|
| Complaints | Regulator (FCA – DISP 1.9.1)
Legal evidence |
Complaint resolution + 3 years
Retaining these for 6 years would cover the limitation for legal action. |
| Financial Promotions | Regulator (FCA – COBS 4.11 (3))
Legal evidence |
3 Years after the end of promotion for promotions not involving pensions or life policies.
End of promotion + 6 years |
| Anti Money Laundering | ||
| Evidence of identity, reports of suspicious transactions (internal and external), and any due diligence carried out on the account | Anti Money Laundering – Section 40, The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 | 5 years after member leaves |
| Internal and external suspicious activity reports | Joint Money Laundering Steering Group Guidance Part 1 | 5 years after the report has been made |
| Transactions | Anti Money Laundering – Section 40, The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 | 5 years after member leaves or 10 years whichever is sooner. |
| Accounting Records | – | – |
| All record appertaining to the accounts of the credit union including:
|
HMRC | 6 Years after the date to which they refer |
| Loan Applications | Recommended
Limitations Act 1980 (E & W) Prescription & Limitation (Scotland) Act 1973 |
6 years after loan is repaid
5 years in Scotland
|
| Financial implications of making a subordinated loan (to another credit union) | Regulator (PRA – credit union rulebook 3.15) | 5 years |
| Investment decisions | Regulator (PRA – credit union rulebook 6.6) | 5 years |
| Personnel | – | – |
| Senior Management Arrangements Systems and Controls | Regulators | 6 years after the Senior Manager has been superceded |
| Employer’s Liability Certificate | HSW | 40 years |
| Application forms/interview notes for unsuccessful candidates | Guideline retention period in case of discrimination challenge
www.acas.org.uk |
1 year |
| Disciplinary, working time and training, redundancy details | Recommended
www.businesslink.gov.uk |
6 years after employment ceases |
| Information pertinent to Regulatory References (see guide here under ‘records’) | Regulators (PRA – Fitness and Propriety 5.5) | 6 years except in cases of serious misconduct (indefinite) |
| Employee details and records | Recommended
Limitations Act 1980 (E & W) Prescription & Limitation (Scotland) Act 1973 |
6 years after employment ceases |
| Trade union agreements | Recommended
www.businesslink.gov.uk |
10 years after agreement ceases |
| Volunteer records | No clear guidelines but the credit union should follow data protection requirement that data should not be kept longer than for the purpose for which it was taken. | |
| Health & Safety | ||
| Accident Reports | HSW Act | Three years after date of last entry. There are specific rules on recording incidents involving hazardous substances. |
| Health & Safety Consultations | HSW Act | Permanently |
| Records that may be routinely destroyed | – | – |
| Notices and acknowledgements of meetings and events.
Messages on post it notes and paper, message slips, duplicate documents such as CC and FYI copies, unaltered drafts, working papers not required to retain together with final official document, reference materials no longer required, superceded address lists or contribution lists. |
