Nebraska Administrative Code
Topic - BANKING AND FINANCE, DEPARTMENT OF
Title 45 - BANKING RULES
Chapter 5 - SCHEDULE FOR RETENTION OF RECORDS: BANKS EXERCISING TRUST POWERS AND TRUST COMPANIES
Section 45-5-006 - ALL OTHER FIDUCIARY RECORDS

Universal Citation: 45 NE Admin Rules and Regs ch 5 ยง 006

Current through March 20, 2024

006.01 Institutions must retain the following original records for six years after fulfillment of duties specified in the governing documents of individual accounts. After six years, the original document may be maintained electronically, provided the record, however maintained, is clearly readable or legible.

006.01A Advice of payments of bequests, gifts, discretionary distributions, income distributions, scheduled payments, or extraordinary payments requested by interested parties

006.01B Common Investment Fund (CIF) or Common Trust Fund (CTF) records including annual reports, annual fund audits, governing plan documents, and all terminations reports. Retention shall continue six years beyond the date of termination of the CIF or CTF and full payment of all investor share accounts.

006.01C Correspondence relative to the administration of accounts

006.01D Court orders issued regarding legal appointment, judgments, or other litigation settlement and/or trustee requests for direction

006.01E Cremation/destruction certificates regarding matured, redeemed, or cancelled corporate bond issue certificates

006.01F Dividend checks paid on corporate bond issue accounts

006.01G Escrow account records (including payment schedules)

006.01H Final accounting report for any fiduciary account

006.01I Legal opinions or other letters of legal counsel pertaining to the administration of trust accounts

006.01J Real estate records

006.01K Safekeeping records relating to assets held during course of account administration

006.01L Trust indentures and other authorizing documents creating fiduciary relationships and/or limiting authority of the named fiduciary

006.01M Wills of decedents who appointed the bank or trust company as personal representative and/or trustee of subsequent trust accounts created by the will

006.01N Worthless assets, including documentation regarding determination of worthless status and distribution of such assets in kind, if applicable

006.02 Institutions must retain the following records within individual account files until six years after accounts have been closed or terminated:

006.02A Accounting records of individual fiduciary accounts

006.02B Administrative expenses charged to and paid from individual account funds

006.02C Annual (or other periodic) reports provided grantors/beneficiaries during administration of the account

006.02D Approvals of administrative action by co-fiduciaries and third parties authorized to provide advice

006.02E Authorization of transactions by co-fiduciaries and investment advisors

006.02F Bondholder records regarding corporate bond issues over which the institution exercises trustee or agency authority

006.02G Bond transfer records for corporate bond issue accounts

006.02H Broker/dealer statements relating to liquidation of assets for final distribution and/or re-registration of securities for distributions in kind

006.02I Cash journals or ledgers reflecting receipt and disposition of principal and income cash

006.02J Corporate bond issue accounting records

006.02K Corporate bond issue asset ledgers where fiduciary capacity included trustee or escrow agent investment duties

006.02L Coupon and/or Dividend collection records pertaining to assets held by accounts

006.02M Employee benefit plan account records (both as agent and trustee)

006.02N Indemnification agreements and surety bonds in regard to lost, stolen, or misplaced certificates of corporate bond issues for which the institution acted as trustee or agent

006.02O Keogh & IRA account records (custodial accounts)

006.02P Mortgage and loan collection records for individual accounts (when an asset of the account)

006.02Q Mortgage and loan payment records for individual accounts (when a liability of the account)

006.02R Original records and documents pertaining to trust entries at the inception of accounts

006.02S Receipts for the exchange or substitution of trust assets

006.02T Rent and lease payment receipts for accounts holding income producing real or personal property

006.02U Signature files of authorized signatories for direction of accounts

006.02V Stock transfer ledgers where institution is fiduciary for an equity stock issue

006.02W Stockholder records specifying current stock ownership where institution is fiduciary for an equity stock issue

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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