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- /* BBS LEGAL GUIDE COMMENTARY: The Uniform Preservation of
- Private Business Records Act, adopted in 1954 follows. This act,
- although adopted only in Illinois, Maryland, New Hampshire and
- Oklahoma, sets a standard for the length of time that business
- records must be kept. Note that if another statute requires
- retention for a longer period of time, the longer statute
- applies. In many instances corporations have made specific
- policies for record destruction. The "Pack rat" syndrome has come
- to haunt a few firms, when partial records from many years past
- come to haunt them. */
-
- Uniform Preservation of Private Business Records Act (1954)
-
- Section 1. Definitions.
-
- As used in this Act:
-
- "Business" includes every kind of private business, profession,
- occupation, calling or operation of private institutions whether
- carried on for profit or not.
-
- "Person" means an individual, partnership, corporation, or any
- other association.
-
- "Records" or "Business Records" includes books of account,
- vouchers, documents, canceled checks, payrolls, correspondence
- record of sale, personnel, equipment and production, reports
- relation to any or all of such records and other business papers.
-
- "Reproduction" means a reproduction or durable medium for making
- a reproduction obtained by photographic, photostatic, microfilm,
- microcard, miniature photographic or other process which
- accurately reproduces or forms a durable medium for so
- reproducing the original.
-
- Section 2. Period of Preservation.
-
- Unless a specific period is designated by law for their
- preservation, business records which persons by the laws of this
- state are required to keep or preserve may be destroyed after the
- expiration of three years of making such records without
- constituting an offense under such laws. This section does not
- apply to minute books of corporation nor to records of sales or
- other transaction involving weapons, poisons or other dangerous
- articles or substances capable of use in the commission of
- crimes.
-
- Section 3. Preservation of reproductions
-
- if in the regular course of business a person makes reproductions
- of original business records, the preservation of such
- reproductions constitutes compliance with any laws of this State
- requiring that business records be kept or preserved.
-
- Section 4. Destruction of Records by State Officers
-
- Nothing in this Act shall be construed to diminish the authority
- of an officer of this State under existing law to permit the
- destruction of business records.
-
- Section 5. Uniformity of Interpretation.
-
- This Act shall be so interpreted and construed as to effectuate
- its general purpose to make uniform the laws of those states
- which enact it.
- Section 6. Short title.
-
- This Act may be cited as the Uniform Preservation of Private
- Business Records Act.