New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter V - Division Of Corporations And State Records
Subchapter K - Document Destruction Contractors
Part 198 - Document Destruction Contractors
Section 198.4 - Business and employee records
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Each registered document destruction contractor shall keep and maintain for a period of at least three years all records of each transaction it performs; provided, however, that with respect to any transaction which is the subject of litigation, upon the expiration of such three-year period, such records shall be continue to be retained for the duration of the litigation and any pending appeal. Litigation shall include investigation or administrative action by the Department of State, initiated by complaint from the general public or by the department.
(b) Each registered document destruction contractor shall maintain employee and business records at a central location within New York State. For purposes of this Part, business records shall include all company and personnel records pertaining exclusively to the conduct of business in New York State.
(c) Each registered document destruction contractor shall prepare and retain as a business record a statement of services and charges which have been agreed upon between such contractor and its customer, a copy of which shall be provided to such customer after it has been signed by both parties. The statement of services and charges shall also identify and name any employee who will be providing the consumer with document destruction services.
