(a) All records of financial institutions and of federally chartered financial institutions, insofar as this section does not contravene paramount federal law, shall be retained for such minimum periods as the Commissioner may prescribe.
(b) The Commissioner shall from time to time issue regulations classifying all records kept by these institutions and prescribing the minimum period for which these records shall be retained. The periods may be permanent or for a lesser term. Such regulations may be amended or repealed from time to time. The regulations shall be promulgated as provided for in Chapter 101 of Title 29.
(c) In issuing the regulations required by subsection (b) of this section, the Commissioner shall consider:
(1) Court and administrative proceedings in which the production of these records might be necessary or desirable;
(2) State and federal statutes of limitation applicable to such proceedings;
(3) Availability of information from other sources; and
(4) Such other matters as the Commissioner shall deem pertinent in order that the regulations will require retention of records for such reasonable period as is commensurate with the interests of customers, depositors, stockholders and the peoples of the State in having such records available.
(d) The Commissioner shall additionally prescribe the substitution of reproductions for the originals to cover the periods for which such records shall be retained.
(e) Institutions may at their option dispose of any record which has been retained for the minimum period prescribed by the Commissioner.
Structure Delaware Code
Chapter 1. STATE BANK COMMISSIONER
Subchapter II. Powers and Duties
§ 122. Examination of financial institutions.
§ 123. False statements, entries or reports; penalty.
§ 124. Commissioner's report of examination; cooperation with other regulatory agencies.
§ 125. Disclosure of information; penalty.
§ 126. Exemptions from examination.
§ 127. Fees for examination; supervisory assessment.
§ 128. Federal Reserve System reserve requirements.
§ 130. Impaired capital; procedure upon failure to make good.
§ 131. Unsound condition of bank or trust company; receivership.
§ 132. Possession and operation of bank or trust company by Commissioner without receivership.
§ 133. Employment of assistants.
§ 134. Commissioner's costs and expenses as receiver; priority.
§ 135. Moratorium on deposit withdrawals and segregation of new deposits.
§ 136. Cease and desist orders.
§ 137. Removal of officer or director.
§ 140. Notice to federal authorities.
§ 141. Retention of financial institution records.
§ 144. Restrictions on use of words “savings” or “trust” in corporate name.