The following regulations specify the records and documents which may be destroyed and prescribe the length of time the same shall be preserved, but mention of a record or document hereinafter imposes no requirement that it shall be installed if its purpose is otherwise being adequately served. Compli ance with the regulations in this subpart will not exempt a carrier from statutory requirements, other than provisions of the Interstate Commerce Act, for retention of records or documents for periods longer than those herein prescribed. § 110.82 Authority to destroy records. (a) General authority. Carriers by pipe lines subject to the regulations in this subpart may destroy records or documents named or described in the regulations in this subpart after they have been preserved for the prescribed periods of time. Permanent records are those which may not be destroyed without special authority. (b) Special authority. A carrier subject to the provisions of the regulations in this subpart proposing to destroy records or documents which are not named or described in the regulations in this subpart or which, if named or described, are of a character that they are no longer needed for the prescribed periods of years because of retirement of property, or the information is sufficiently available in other records to be kept for required periods of years, or other good cause, may request special authority to destroy such records or documents. Applications for such special authority shall describe in detail the records or documents to be destroyed and shall explain why their continued retention is deemed to be unnecessary. (c) Authority to destroy certain records. The carrier's Board of Directors or executive committee at its option may by a formal corporate act of appointment delegate to a bank, trust company, or similar institution having custody of pipe line records in the normal course of business, the authority to destroy such records upon compliance with the requirements of these regulations. When documents represent debt secured by a mortgage or denture trust agreement, the record of destruction shall also be authenticated by a representative of the trustee. (3) All other records listed in § 110.87 not included in the foregoing may be destroyed after being suitably photographed for preservation on microfilm. (b) To be acceptable in lieu of original records, photographic copies must meet the following minimum requirements: (1) Photographic copies shall be no less readily accessible than the original record or document as normally filed or preserved would be, and suitable means or facilities shall be available to locate, identify, read, or reproduce such photographic copies. (2) Any significant characteristics, feature, or other attribute of the original record or document, which photography in black and white will not preserve, shall be clearly indicated before the photograph is made. (3) The reverse side of printed forms need not be copied if nothing has been added to the printed matter common to all such forms, but an identified speciment of such form shall be on the film for reference. (4) Film used for photographing copies shall be of permanent record type meeting in all respects the minimum specifications of the National Bureau of Standards, and all processes recommended by the manufacturer shall be observed to protect it from deterioration or accidental destruction. § 110.84 Supervision of destruction. (a) Within six months after the effective date of the regulations in this subpart, or within six months after becoming subject to this provision, each carrier shall appoint an officer or other responsible employee to supervise the destruction of records and documents. Such appointment shall be by formal corporate act of the board of directors or its executive committee. An existing appointment made under prior regulations shall be recognized as being in compliance with the regulations in this subpart. (b) If the property of a carrier is in the hands of a trustee, executor, administrator, or assignee, the officer or other responsible employee to have supervision of the destruction of records and documents shall be designated by such trustee, executor, administrator, or assignee. (c) It is not required that a copy of the resolution or order of appointment be filed with the Commission. § 110.85 Record of records destroyed. (a) The supervising officer or other designated employee shall maintain or shall cause to be maintained a record of all carrier records and documents which have been destroyed pursuant to the regulations in this subpart except those the retention of which is optional with the carrier. The record shall include all records and documents destroyed, including those destroyed pursuant to § 110.82(c). (b) The record shall be available for inspection in the office of the supervising officer and shali be in such detail that the destroyed records or documents may be identified and the time, place, and method of destruction can be established. If the destruction is by accident or at the hand of an unauthorized person not subject to the carrier's control, then the record shall include a statement of the relevant circumstances. § 110.86 Carriers going out of business. The records and documents relating to operations of a carrier subject to the regulations in this subpart may be destroyed without regard to the prescribed periods of retention after carrier status is abandoned for purposes of the Interstate Commerce Act: Provided however, (a) if the carrier is a corporation being dissolved by act of the authority which created it, the records may not be destroyed until dissolution is otherwise complete, and (b) if the carrier is not incorporated or is being kept alive for purposes other than carrier operations, records relating to former carrier operations may not be destroyed until all transactions relating to such operations are completed. § 110.87 Prescribed periods of retention. The following list describes the purpose for which a record is necessary and the prescribed periods shall be observed even if a record by some other name serves the described purpose. If identical copies of the same document serve more than one such described purpose, only one copy is required to be retained by the regulations in this subpart. Item DESTRUCTION OF RECORDS A. ADMINISTRATIVE AND CORPORATE Record titles and descriptions 1 Incorporation and reorganization records: (b) Other records, documents, and files pertaining to the incorporation and 2 Registered agents: Documents and files pertaining to the appointment of 3 4 Minute Books: Minute books of directors', executive committees', stock- Authorizations for security issues: Copies of applications to and authoriza- 5 Voting securities: 6 (a) Proxies of holders of voting securities. (b) Lists of holders of voting securities presented at stockholders' meetings. (a) Card or book records of contracts, leases, and agreements made, and (b) Power, fuel, water, and other utility contracts and agreements..... (c) Contracts and agreements for use of communication systems.. (e) Contracts and agreements relating to maintenance of machines, equip- (1) Contracts, leases, and agreements not provided for in items A-6h 7 Fidelity bonds: Records and files of fidelity bonds of employees..... 8 (a) Capital stock ledger.. (b) Capital stock certificates, records of or stubs of. NOTE: If the information shown on the stubs is recorded in 10-year records, the stubs are required to be retained only for a period of 3 years. (c) Stock transfer registers or journals... (d) Bills of sale, correspondence, or memoranda concerning transfer o 1 (e) Capital stock subscription notices and requests for allotment. (f) Canceled capital stock certificates. (See item 3.) (g) Stockholder's signature cards.... (h) Orders from stockholders to pay dividends to others. (1) Receipts for capital stock certificates... (J) Dividend lists of stockholders.... (k) Contracts and correspondence relating to treasury stock. (1) Escrow agreements for capital stock held in escrow.. 2 Bond records: 3 4 (a) Registered bond ledgers and journals.. NOTE: If the information shown on the stubs is recorded in perma- (d) Records of interest coupons paid and unpaid..- (e) Funded debt subscription notices and requests for allotments. (1) Canceled bonds, paid interest coupons, and unissued bonds. (See Retired securities: Stock certificates, bonds, notes, interest coupons, re- (a) Records of outside or affiliated companies' securities owned, whether (b) Records of Government and commercial bills and notes owned, 7 8 9 (a) General cash books. (b) Auxiliary cash books. NOTE: If any receipts or payments are entered in the aggregate in the general cash book and are detailed only on loose sheets, such loose sheets constitute an auxiliary cash book. Statements of funds and deposits: 10 years. 6 years. (a) Statements and summaries of cash balances on hand and with depos- 3 years. (b) Authorities for and statements of transfer of funds from one depositary (d) Duplicate deposit slips.......... (e) Debit and credit slips reseived from depositaries... (f) Canceled checks and drafts (other than payroll checks. (See items (g) Correspondence and memoranda relating to endorsements, issuance of (h) Copies of check signature authorizations filed with depositaries..... (j) Statements of funds impounded in closed banks or other depositaries... Records of cash receipts and disbursements: Do. Do. 3 years. Do. Do. Do. Do. Do. Do. 3 years after cancellation of authorization. 3 years. 3 years after liquidation of (a) Daily statements or memoranda detailing cash receipts and disburse- 3 years. (b) Daily statements or memoranda detailing cash receipts and disburse- (c) Periodical statistical statements of receipts and disbursements of cash showing number of checks, drafts, etc., issued. (d) Cash remittance reports of employee-custodians. (e) Requisitions on parent or holding company for cash. (f) Daily or other periodical statements or memoranda detailing sources 1 2 3 C. GENERAL AND FINANCIAL REPORTS AND STATEMENTS Annual reports: Annual financial statements to stockholders, balance sheets, Monthly, quarterly, and semiannual reports: 10 years. (a) Financial statements, cost statements, income statements, operating 4 years. Do. (b) Monthly or other periodical statements of oil and oil products transac- D. FINANCIAL ACCOUNTING Whether the carrier's accounting system is conducted by bookkeeping ma- Item DESTRUCTION OF RECORDS-Continued D. FINANCIAL ACCOUNTING-Continued Record titles and descriptions Period to be retained 1 2 3 4 Ledgers: (a) General and auxiliary ledgers and indexes thereto.. (b) Ledgers of detail transactions in receivable, payable, and deferred ac- NOTE: Different companies have different ideas about what papers 5 Budgets: Approved physical capital, financial, and operating budgets, forecasts for financing and operating the company during definite future periods and to guide the company's officials and employees in the expenditure of funds, together with work programs, estimates, books, and other records of comparison between estimated and actual expenditures and correspondence, memoranda, and work papers related thereto. 6 Transportation revenue and settlement records: Permanent. Permanent. 4 years. 6 years. 2 years. (a) Records of transportation revenues, settlements by shippers, and di- 4 years. 7 Storage and loading revenues and settlement records: Records of revenue de- 8 Miscellaneous revenue records: Records of miscellaneous revenues derived from rental of pipe line property, communications service, and other miscellaneous sources, including sale of oil and oil products accumulated from tariff allowances. 9 Routine billing records: (a) Office copies of bills rendered for transportation, materials and supplies (b) Listing sheets controlling the transmission of invoices to other depart- Do. Do. Do. 3 years. Optional. Do. Do. Do. 4 years. (c) Records and memoranda supporting the distribution of shop job ex- Do. (a) Shop orders or requisitions for shop work. (b) Records reflecting details of cost of each shop job.. (d) Statistics relating to operating of shops, which are not used in support Optional. Stationery: (a) Requisitions on stock clerk for stationery and office supplies.. Audits: (b) Internal audits made by carrier, field audits, departmental audits, (c) Records of audit and reconciliation of working or petty cash funds in Do. Do. 3 years. Do. Do. Accounting codes and instructions: (a) Records of established codes of accounts and changes therein. (b) Correspondence, rulings, interpretations, and instructions concerning Do. 6 years after discontinuance of code. 6 years after supersedure. |