Records of failed insured depository institutions.

CFR · 2024-01-01 · US · Title 12

(a) (1) (2) (3) (i) Examples of records include, without limitation, board or committee meeting minutes, contracts to which the insured depository institution was a party, deposit account information, employee and employee benefits information, general ledger and financial reports or data, litigation files, and loan documents. (ii) Records do not include: (A) Multiple copies of records; or (B) Examination, operating, or condition reports prepared by, on behalf of, or for the use of the FDIC or any agency responsible for the regulation or supervision of insured depository institutions. (b) (1) Whether the documentary material related to the business of the insured depository institution, (2) Whether the documentary material was generated or maintained as records in the regular course of the business of the insured depository institution in accordance with its own recordkeeping practices and procedures or pursuant to standards established by its regulators, (3) Whether the documentary material is needed by the FDIC to carry out its receivership function, and (4) The expected evidentiary needs of the FDIC. (c) The FDIC's determination that documentary material from a failed insured depository institution constitutes records is solely for the purpose of identifying that documentary material that must be maintained pursuant to 12 U.S.C. 1821(d)(15)(D) and shall not bear on the discoverability or admissibility of such documentary material in any court, tribunal or other adjudicativ

official document · source cfr-2024 · id 12:§ 360.11