WV LEG Bank Record Retention


On Mar. 8, WV LEG passed bill on bank record retention standards.


  • WV LEG passed HB 4837 to clarify the duty of banks to retain and procure records.
  • Amended WV FIN 34A-4 (banking) and WV FIN 46-3-118 (statute of limitations).
  • Bill Provisions
  • Limited bank liability for the routine destruction of documents; provided uniformity between statute of limitations and presumption of abandonment under WV FIN 36-8-2.
  • Also, provided uniformity between the statute of limitations for actions to enforce the obligation of a note and a banks duty to retain and produce records on such notes.
  • Provided a presumption of payment by bank on any demand, savings, or time deposit, where property qualifies as abandoned property or there is evidence of escheatment.
  • Modified banks record production of notes presumed abandoned with escheatment.
  • Legislative History
  • On Jan. 30, 2024, bill was introduced in Senate; on Mar. 8, 2024, bill passed Senate.
  • On Mar. 8, 2024, bill was introduced in House; on Mar. 8, 2024, bill passed House.
  • Effectiveness
  • Upon legislative approval, the provisions of HB 4837 will become effective in 90 days.
  • Mar. 27, 2024 WV LEG Governor Approval
  • On Mar. 27, 2024, WV LEG governor approved bill HB 4837, effective on Jun. 6, 2024.

Regulators WV LEG
Entity Types Bank
Reference Bill, 3/27/2024; Bill, HB4837, 3/9/2024; Citation: *WV FIN* 34A-4, 46-3-118, 36-8-2;
Functions Accounting; Compliance; Legal; Record Retention; Reporting
Countries United States of America
Category
State
Products Banking; Deposits
Regions Am
Rule Type Final
Rule Date 3/8/2024
Effective Date 6/6/2024
Rule Id 204188
Linked to N/A
Reg. Last Update 3/27/2024
Report Section US Banking

Last substantive update on 04/01/2024