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I understand that record retention laws dictate retention periods, but are there any laws that govern retention periods for original documents (rather than copies or electronic versions)? – IBA Compliance Connection

I understand that record retention laws dictate retention periods, but are there any laws that govern retention periods for original documents (rather than copies or electronic versions)?

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We do not believe that you are required to keep the original versions of any documents if you choose to store them electronically. The Illinois Financial Institutions Electronic Documents and Digital Signature Act states that if a bank keeps documents in electronic form in the regular course of business, then an electronic version of a document has “the same force and effect under the laws of this State as one comprised, recorded, or created on paper or other tangible form by writing, typing, printing, or similar means.” 205 ILCS 705/10(a).

 Similarly, the federal Electronic Signatures in Global and National Commerce (ESIGN) Act states that “a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form.” 15 USC 7001(a)(1). (That section states that it does not alter any laws that may specifically require that documents are held in nonelectronic form, but we are not aware of any laws at the state or federal levels requiring nonelectronic records that would apply to banks. 15 USC 7001(b)(1).)