31 CFR §1010.430 — Nature of records and retention period (BSA / FinCEN)

bsa-31cfr-1010-430

31 CFR §1010.430 sets the BSA Subpart D records-retention rule: when a copy of an instrument (check, draft, monetary instrument, investment security, or other similar instrument) must be retained, both front and back must be retained (with a carve-out for blank or standard-printed-information backs); records may be those made in the ordinary course of business, but where no ordinary-course record exists, one must be created in writing; the IRS TIN rules govern taxpayer identification; and ALL records required by 31 CFR chapter X must be retained for 5 years, filed or stored so as to be accessible within a reasonable period of time.

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source:
  type: regulation
  id: bsa-31cfr-1010.430
  authority: 31 CFR §1010.430 — Nature of records and retention period (BSA / FinCEN)
  description: |
    31 CFR §1010.430 sets the BSA Subpart D records-retention rule: when
    a copy of an instrument (check, draft, monetary instrument,
    investment security, or other similar instrument) must be retained,
    both front and back must be retained (with a carve-out for blank or
    standard-printed-information backs); records may be those made in
    the ordinary course of business, but where no ordinary-course
    record exists, one must be created in writing; the IRS TIN rules
    govern taxpayer identification; and ALL records required by 31 CFR
    chapter X must be retained for 5 years, filed or stored so as to be
    accessible within a reasonable period of time.
obligations:
  - id: bsa-31cfr-1010.430-a-front-and-back-of-instruments
    canonical_id: bsa-31cfr-1010.430-a-front-and-back-of-instruments
    section: 31 CFR §1010.430(a) — Retention of front AND back of instruments
    description: |
      Wherever it is required that there be retained either the original
      or a copy or reproduction of a check, draft, monetary instrument,
      investment security, or other similar instrument, [LENDER] shall
      retain a copy of both front and back of each such instrument or
      document, except that no copy need be retained of the back of any
      instrument or document which is entirely blank or which contains
      only standardized printed information, a copy of which is on file.
    type: do
    audit_question: For every check / draft / monetary instrument / investment security / similar instrument [LENDER] is required by 31 CFR chapter X to retain, can [LENDER] evidence that BOTH the front AND the back were retained (or, where a blank/standard-printed-information back was not retained, that a copy of the standard form is on file)?
    program_review: Do the P&Ps ensure that, wherever 31 CFR chapter X requires retention of a check/draft/monetary instrument/investment security/similar instrument, BOTH the front AND back are retained — accounting for the carve-out that an entirely-blank or standard-printed-information back need not be kept if a copy of the standard form is on file?
    file_review: Pull a sample of retained instruments; confirm front-and-back retention, and that any not-retained back was genuinely blank/standardized with the standard form on file.
    judgment: false
    feeds: []
    workflow_phase: bsa_recordkeeping
    owner_role: bsa_officer
    secondary_owner_role: compliance_officer
    cadence: per-retained-instrument
    consequence: ''
    tags:
      - round-c
      - regulator-direct
      - bsa
      - fincen
      - recordkeeping
      - instrument-retention
      - promoted
    primary_source:
      tier: 1
      authority: 31 CFR §1010.430(a)
      source_class: fincen
      source_url: https://www.law.cornell.edu/cfr/text/31/1010.430
      snapshot_id: b91507f03d9991f4
      fetched_at: '2026-05-24T19:34:41Z'
      content_hash: sha256:2a7f09851c4c166b0da73131089b53e1eb3e238e0d8085ecf9d0866963e35ab0
      paragraph_quote: (a) Wherever it is required that there be retained either the original or a copy or reproduction of a check, draft, monetary instrument, investment security, or other similar instrument, there shall be retained a copy of both front and back of each such instrument or document, except that no copy need be retained of the back of any instrument or document which is entirely blank or which contains only standardized printed information, a copy of which is on file.
      drafter_attestation: |
        Copied verbatim from snapshot b91507f03d9991f4 (content.txt) at
        2026-05-24T20:25Z. Substring is the full §1010.430(a) operative
        paragraph.
    promoted_at: '2026-05-24T20:12:02+00:00'
    promoted_from: bsa-31cfr-1010.430-roundc-v1.yaml
  - id: bsa-31cfr-1010.430-b-ordinary-course-or-written-record
    canonical_id: bsa-31cfr-1010.430-b-ordinary-course-or-written-record
    section: 31 CFR §1010.430(b) — Ordinary-course records sufficient; otherwise written record required
    description: |
      Records required by 31 CFR chapter X to be retained by [LENDER] (as
      a financial institution) may be those made in the ordinary course
      of business. If no record is made in the ordinary course of
      business of any transaction with respect to which records are
      required to be retained by 31 CFR chapter X, then such a record
      shall be prepared in writing by [LENDER].
    type: do
    audit_question: For every transaction with respect to which 31 CFR chapter X requires record retention by [LENDER], can [LENDER] evidence either (a) the ordinary-course-of-business record, or (b) a written record prepared by [LENDER] where no ordinary-course record exists?
    program_review: Does the program ensure that for every chapter-X-required transaction record, either the ordinary-course-of-business record suffices OR — where no ordinary-course record is made — a written record is prepared by [LENDER]?
    file_review: For sampled required-record transactions, confirm an ordinary-course record exists, or that a prepared written record fills the gap where none does.
    judgment: false
    feeds: []
    workflow_phase: bsa_recordkeeping
    owner_role: bsa_officer
    secondary_owner_role: compliance_officer
    cadence: per-bsa-retained-transaction
    consequence: ''
    tags:
      - round-c
      - regulator-direct
      - bsa
      - fincen
      - recordkeeping
      - ordinary-course-records
      - promoted
    primary_source:
      tier: 1
      authority: 31 CFR §1010.430(b)
      source_class: fincen
      source_url: https://www.law.cornell.edu/cfr/text/31/1010.430
      snapshot_id: b91507f03d9991f4
      fetched_at: '2026-05-24T19:34:41Z'
      content_hash: sha256:2a7f09851c4c166b0da73131089b53e1eb3e238e0d8085ecf9d0866963e35ab0
      paragraph_quote: (b) Records required by this chapter to be retained by financial institutions may be those made in the ordinary course of business by a financial institution. If no record is made in the ordinary course of business of any transaction with respect to which records are required to be retained by this chapter, then such a record shall be prepared in writing by the financial institution.
      drafter_attestation: |
        Copied verbatim from snapshot b91507f03d9991f4 (content.txt) at
        2026-05-24T20:25Z. Substring is the full §1010.430(b) operative
        paragraph.
    promoted_at: '2026-05-24T20:12:02+00:00'
    promoted_from: bsa-31cfr-1010.430-roundc-v1.yaml
  - id: bsa-31cfr-1010.430-d-five-year-retention-and-accessibility
    canonical_id: bsa-31cfr-1010.430-d-five-year-retention-and-accessibility
    section: 31 CFR §1010.430(d) — 5-year retention + reasonable accessibility
    description: |
      All records that are required to be retained by 31 CFR chapter X
      shall be retained by [LENDER] for a period of 5 years. Records or
      reports required to be kept pursuant to an order issued under
      §1010.370 shall be retained for the period of time specified in
      such order, not to exceed 5 years. All such records shall be filed
      or stored in such a way as to be accessible within a reasonable
      period of time, taking into consideration the nature of the record,
      and the amount of time expired since the record was made.
    type: do
    audit_question: For every BSA / 31 CFR chapter X record [LENDER] is required to retain, can [LENDER] evidence (a) retention for a period of 5 years (or the §1010.370-order-specified shorter period, not to exceed 5 years), and (b) that records are filed or stored so as to be accessible within a reasonable period of time given the nature of the record and elapsed time?
    program_review: Does the program retain all chapter-X-required records for five years (or the §1010.370-order-specified shorter period not exceeding five years) AND store them so they are accessible within a reasonable period of time given the record's nature and elapsed time?
    file_review: For sampled BSA records, confirm five-year retention and test retrievability within a reasonable time.
    judgment: false
    feeds: []
    workflow_phase: bsa_recordkeeping
    owner_role: bsa_officer
    secondary_owner_role: compliance_officer
    cadence: ongoing
    consequence: ''
    tags:
      - round-c
      - regulator-direct
      - bsa
      - fincen
      - recordkeeping
      - 5-year-retention
      - promoted
    primary_source:
      tier: 1
      authority: 31 CFR §1010.430(d)
      source_class: fincen
      source_url: https://www.law.cornell.edu/cfr/text/31/1010.430
      snapshot_id: b91507f03d9991f4
      fetched_at: '2026-05-24T19:34:41Z'
      content_hash: sha256:2a7f09851c4c166b0da73131089b53e1eb3e238e0d8085ecf9d0866963e35ab0
      paragraph_quote: (d) All records that are required to be retained by this chapter shall be retained for a period of five years. Records or reports required to be kept pursuant to an order issued under § 1010.370 of this chapter shall be retained for the period of time specified in such order, not to exceed five years. All such records shall be filed or stored in such a way as to be accessible within a reasonable period of time, taking into consideration the nature of the record, and the amount of time expired since the record was made.
      drafter_attestation: |
        Copied verbatim from snapshot b91507f03d9991f4 (content.txt) at
        2026-05-24T20:25Z. Substring is the full §1010.430(d) operative
        paragraph.
    promoted_at: '2026-05-24T20:12:02+00:00'
    promoted_from: bsa-31cfr-1010.430-roundc-v1.yaml
_promotion_history:
  - promoted_at: '2026-05-24T20:12:02+00:00'
    candidate_path: obligations\_remediation\round-c-type-a\bsa-31cfr-1010.430-roundc-v1.yaml
    candidates_promoted: 3
    candidates_skipped_existing: 0

Verbatim regulatory text (3)

Verbatim provisions from 31 CFR §1010.430 — Nature of records and retention period (BSA / FinCEN) — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

31 CFR §1010.430(a) — Retention of front AND back of instruments

(a) Wherever it is required that there be retained either the original or a copy or reproduction of a check, draft, monetary instrument, investment security, or other similar instrument, there shall be retained a copy of both front and back of each such instrument or document, except that no copy need be retained of the back of any instrument or document which is entirely blank or which contains only standardized printed information, a copy of which is on file.

Source: 31 CFR §1010.430(a) · source URL · snapshot b91507f03d9991f4

31 CFR §1010.430(b) — Ordinary-course records sufficient; otherwise written record required

(b) Records required by this chapter to be retained by financial institutions may be those made in the ordinary course of business by a financial institution. If no record is made in the ordinary course of business of any transaction with respect to which records are required to be retained by this chapter, then such a record shall be prepared in writing by the financial institution.

Source: 31 CFR §1010.430(b) · source URL · snapshot b91507f03d9991f4

31 CFR §1010.430(d) — 5-year retention + reasonable accessibility

(d) All records that are required to be retained by this chapter shall be retained for a period of five years. Records or reports required to be kept pursuant to an order issued under § 1010.370 of this chapter shall be retained for the period of time specified in such order, not to exceed five years. All such records shall be filed or stored in such a way as to be accessible within a reasonable period of time, taking into consideration the nature of the record, and the amount of time expired since the record was made.

Source: 31 CFR §1010.430(d) · source URL · snapshot b91507f03d9991f4