IBA Compliance Connection

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We image our checks and retain them for at least seven years. Are we required to retain paper versions of those checks, and for how long? We use an image replacement document (IRD) printer for our check returns.

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Disclaimer: The Electronic Commerce Security Act (ECSA) was repealed and replaced with the Uniform Electronic Transaction Act (UETA), effective June 25, 2021. Please note that this change may affect the continued accuracy of this guidance as it pertains to the ECSA.

We are not aware of any required retention period for paper copies of checks, given that your institution is storing copies of the checks in your imaging system. The Uniform Commercial Code encourages a retention period of seven years for checks, but it permits banks to destroy paper checks if they “maintain the capacity to furnish legible copies of the items until the expiration of 7 years after receipt of the items.”

Additionally, both Illinois and federal law provide that an electronic copy of a document such as a check cannot be denied legal effect, validity, or enforceability solely because it is in electronic form.

For resources related to our guidance, please see:

  • Uniform Commercial Code, 810 ILCS 5/4-406(b) (“If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of 7 years after receipt of the items.”)

  • Electronic Signatures in Global and National Commerce (ESIGN) Act, 15 USC 7001(a)(1) (“A signature, contract, or other record . . . may not be denied legal effect, validity, or enforceability solely because it is in electronic form.”)

  • Electronic Commerce Security Act, 5 ILCS 175/5-110 (“Information, records, and signatures shall not be denied legal effect, validity, or enforceability solely on the grounds that they are in electronic form.”)

  • Financial Institutions Electronic Documents and Digital Signature Act, 205 ILCS 705/10(a)(“If in the regular course of business, a financial institution possesses, records, or generates any document, representation, image, substitute check, reproduction, or combination thereof . . . that accurately reproduces, comprises, or records the agreement, transaction, act, occurrence, or event . . . [it] shall have 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.”)