Rule2026-12058
Records Preservation Program and Appendices-Record Retention Guidelines; Catastrophic Act Preparedness Guidelines
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2026
Effective
July 16, 2026
Issuing agencies
National Credit Union Administration
Abstract
On March 11, 2026, the NCUA (or `agency') published a proposed rule to solicit comments on ways to improve and update the vital records preservation program regulation and accompanying guidelines. Based on the comments received, and upon further consideration of the issues involved, the NCUA Board is publishing this final rule, mostly as proposed, to clarify the purpose of part 749, update the definitions, and remove unnecessary references to recommendations and guidance.
Full Text
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<title>Federal Register, Volume 91 Issue 115 (Tuesday, June 16, 2026)</title>
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[Federal Register Volume 91, Number 115 (Tuesday, June 16, 2026)]
[Rules and Regulations]
[Pages 36073-36077]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12058]
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NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Parts 703 and 749
RIN 3133-AF61
Records Preservation Program and Appendices--Record Retention
Guidelines; Catastrophic Act Preparedness Guidelines
AGENCY: National Credit Union Administration (NCUA).
ACTION: Final rule.
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SUMMARY: On March 11, 2026, the NCUA (or `agency') published a proposed
rule to solicit comments on ways to improve and update the vital
records preservation program regulation and accompanying guidelines.
Based on the comments received, and upon further consideration of the
issues involved, the NCUA Board is publishing this final rule, mostly
as proposed, to clarify the purpose of part 749, update the
definitions, and remove unnecessary references to recommendations and
guidance.
DATES: This final rule is effective on July 16, 2026.
FOR FURTHER INFORMATION CONTACT: Policy: Matt Huston, Policy Officer,
Office of Examination and Insurance, at (571) 309-7684 or
<a href="/cdn-cgi/l/email-protection#7812100d0b0c171638161b0d19561f170e"><span class="__cf_email__" data-cfemail="a2c8cad7d1d6cdcce2ccc1d7c38cc5cdd4">[email protected]</span></a>; Legal: Gira Bose, Senior Staff Attorney, Office of
General Counsel, at (703) 518-6562 or <a href="/cdn-cgi/l/email-protection#3255505d4157725c5147531c555d44"><span class="__cf_email__" data-cfemail="1a7d7875697f5a74796f7b347d756c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Background
The NCUA's first vital records preservation program rule was
promulgated in 1972 to ensure that duplicate vital records could be
used for reconstruction purposes in the event of a catastrophe.\1\ The
rule has been periodically amended since that time.\2\ While the Board
believes part 749 continues to serve an important purpose, it has not
been updated since 2007, and Appendix A, which was promulgated in 2001,
has never been updated. In 2018, the NCUA's Regulatory Reform Taskforce
recommended that the Board review part 749 to identify if any changes
or
[[Page 36074]]
improvements are needed.\3\ Over the next few years the Board received
feedback that part 749 is unnecessarily burdensome and unclear to
credit unions. In 2024, the Board issued an Advance Notice of Proposed
Rulemaking (ANPR) on part 749 to inform any future changes the agency
might make.\4\ This final rule builds on the comments received pursuant
to the ANPR and the proposed rule issued in March 2026.\5\ The proposed
rule primarily suggested removing Appendices A and B from the Code of
Federal Regulations, in addition to tightening up the definitions used
in part 749 and generally streamlining the regulation. Appendix A was
added to part 749 as ``suggested guidelines'' based on the frequency of
requests for assistance from credit unions. However, many commenters to
the ANPR stated that, in practice, Appendix A is followed as if it were
a requirement; thus, the Board concluded that Appendix A has become an
obstacle to sound record retention practices and has resulted in credit
unions retaining unused and obsolete records. The Board proposed
removing Appendix B because, upon reconsideration, the benefit of
having the guidance in proximity to the regulation does not outweigh
the potential for misinterpretation.
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\1\ Records Preservation Program, 37 FR 19387 (Sept. 20, 1972)
(establishing 12 CFR 749).
\2\ See, NCUA Board Action Memorandum (Nov. 12, 1980); Records
Preservation Program, 66 FR 40578 (Aug. 3, 2001); and Records
Preservation Program and Appendices--Record Retention Guidelines;
Catastrophic Act Preparedness Guidelines, 72 FR 14251 (Mar. 27,
2007).
\3\ Regulatory Reform Agenda, 83 FR 65926 (Dec. 21, 2018).
\4\ Records Preservation Program and Appendices--Record
Retention Guidelines; Catastrophic Act Preparedness Guidelines, 89
FR 31117 (Apr. 24, 2024). See proposed rule for an overview of the
ANPR and the comments received in response. Records Preservation
Program and Appendices--Record Retention Guidelines; Catastrophic
Act Preparedness Guidelines, 91 FR 11934 (Mar. 11, 2026).
\5\ Records Preservation Program and Appendices--Record
Retention Guidelines; Catastrophic Act Preparedness Guidelines, 91
FR 11934 (Mar. 11, 2026).
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B. Legal Authority
The Board is issuing this final rule pursuant to its authority
under the Federal Credit Union Act (FCU Act). Under the FCU Act, NCUA
is the chartering and supervisory authority for federal credit unions
and the federal supervisory authority for federally insured credit
unions (FICUs).\6\ The FCU Act grants NCUA a broad mandate to issue
regulations governing both FCUs and all FICUs. Section 120 of the FCU
Act is a general grant of regulatory authority and authorizes the Board
to prescribe rules and regulations for the administration of the FCU
Act.\7\ Section 209 of the FCU Act is a plenary grant of regulatory
authority to issue rules and regulations necessary or appropriate to
carry out its role as share insurer for all FICUs.\8\ Accordingly, the
FCU Act grants the Board broad rulemaking authority to ensure that
FICUs and the Share Insurance Fund remain safe and sound.
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\6\ 12 U.S.C. 1752-1775.
\7\ 12 U.S.C. 1766(a).
\8\ 12 U.S.C. 1789.
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Part 749 also incorporates 15 U.S.C. 7001(d)--the Electronic
Signatures in National and Global Commerce Act--which states that if a
statute, regulation, or other rule of law requires a record be
retained, that requirement is met by retaining an electronic record of
the information in the record that accurately reflects the information
in the record and remains accessible to all persons who are entitled to
access by statute, regulation, or rule of law, for the period required
by such statute, regulation, or rule of law, in a form that is capable
of being accurately reproduced for later reference, whether by
transmission, printing, or otherwise.
II. Final Rule
A. Overview
This final rule follows publication of the proposed rule and takes
into consideration the comments received on the proposal. By the close
of the public comment period on May 11, 2026, the Board had received 19
comments.\9\ These were submitted by seven credit unions, seven state
and regional credit union leagues, two national credit union trade
associations, one trade association for state credit union supervisors,
and one individual member of the public who did not disclose a group
affiliation. After careful consideration of the issues raised by the
commenters, the Board has made two changes to the proposal, as
discussed in section B. below.
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\9\ Two comments were duplicate submissions from the same
commenter.
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B. Discussion of Public Comments
This section of the preamble discusses issues raised by commenters,
and the Board's responses to the comments.
Six commenters supported the proposal unconditionally. Eleven
commenters expressed overall support but also provided feedback on
issues raised in the proposal. Only one commenter opposed the proposal
stating that reduced record retention would lead to the spoliation of
certain types of records.
Commenters requested changes to the proposal in two main areas.
First, part 749 currently requires credit unions to maintain a records
preservation log with a list of items to be recorded as part of the
log. The proposed rule did not alter this requirement. Second, the
proposed rule solicited feedback on adding a reference to part 749 on
consulting with legal counsel when determining record retention
timeframes.
On the requirement to maintain a records preservation log, one
commenter expressed support for keeping the current provision. Another
nine commenters recommended either removing the provision or revising
it with an approach that gives a credit union more flexibility to
determine what its individual records preservation log should
incorporate and that works with the modern practice of electronic
storage and automatic back up of data. Commenters stated that the final
rule should not require credit unions to manually create or track
information that is stored and tracked through automated systems.
Upon consideration of the comments, the Board agrees that the
proposed rule text is unnecessarily prescriptive in mandating specific
requirements and does not give a credit union the appropriate
flexibility to create a records preservation log that will be most
useful to the credit union. The Board believes it is important for a
credit union and for the agency to know where vital records are stored.
The purpose of a records preservation log is, therefore, to facilitate
easy access when these records are needed. This is particularly
important in the aftermath of a catastrophic event. But how the credit
union structures such a log and what information it records in the log
should be determined by the credit union. To be clear, the agency is
not requiring or expecting credit unions to manually create or maintain
this tool. As stated in the proposed rule, the log may be in electronic
format if the credit union chooses. Therefore, paragraph 749.2(a)(3) is
revised to read as follows:
a records preservation log as determined by the credit union
that will aid in locating and easily accessing the vital records.
The log may be in electronic or any other format as determined by
the credit union.
Second, the preamble to the proposed rule asked whether the agency
should include a reference in the regulation to consulting with legal
counsel when setting minimum retention periods. Nine commenters
provided feedback on this point. Six commenters stated that any
reference to consulting with legal counsel should be clearly optional,
nonbinding guidance, and should not create a supervisory expectation of
consulting with legal counsel. Three commenters opposed any reference
to such consultation in the rule. One commenter stated that any such
reference could be communicated
[[Page 36075]]
through a Letter to Credit Unions rather than in the Code of Federal
Regulations. One comment from a credit union league stated that this is
a service that it provides to its members, as do other leagues, at much
less cost than outside counsel would charge. Finally, one commenter
said that any reference to consulting with legal counsel would be
interpreted as a requirement when this is a decision that should be
left to a credit union's board of directors.
On further reflection, the Board has decided not to include a
reference in the regulation to consulting with legal counsel when
crafting record retention periods. While such consultation may be
prudent for some credit unions, the reference was not intended to be
taken as a requirement. As explained by commenters, however, the mere
reference may in time be interpreted as a requirement by credit unions
or examiners. And in light of the services provided by credit union
leagues to their members, there may be sufficient industry-generated
guidance available to assist with record retention periods that
obviates the need for NCUA to include this reference in the regulation.
Other issues raised in the comments are addressed as follows. All
commenters who opined on the proposal to remove Appendices A and B were
supportive of the change. Commenters generally reiterated the concerns
expressed by commenters to the ANPR stating that the appendices have
become overly burdensome, are unreasonably prescriptive, and are
confusing in practice because they operate as requirements even though
they were intended to be nonbinding recommendations. The final rule
repeals both appendices. A few commenters did state, however, that
Appendix B contains helpful guidance on catastrophic act preparedness
and the agency should publish its content in some other publication or
on its website as an aid to any credit unions that choose to consult
it. While this suggestion is beyond the scope of this rulemaking, the
agency plans to publish the content of Appendix B for informational
purposes for any credit union that finds it useful.
Two commenters asked that the agency provide guidance on what
credit unions should do with certain documents that were referenced in
Appendix A but fall outside part 749 because they are not records that
would be needed to restore vital member services, such as a credit
union's bylaws, charter, and other foundational documents. These
documents are beyond the scope of part 749 but they are important
documents, and credit unions should be thoughtful in their approach to
managing them. As stated in the preamble to the proposed rule, it
should be reasonable for the Board and for a credit union's membership
to expect that a credit union's leadership would retain key
foundational documents of its own volition. While this request for
guidance is beyond the scope of this rulemaking, the agency will
consider this suggestion as it reviews the need for future guidance.
One commenter opposed the rule stating that records related to
escheatment and beneficiary designation should be retained permanently.
As stated in the regulation, a credit union may classify additional
records as vital and maintain older versions of any vital records as it
determines necessary. Also, as revised Sec. 749.0 makes clear, nothing
in this rulemaking relieves a credit union of any recordkeeping
obligations under other laws and regulations.
Finally, this rule removes 12 CFR 703.105(d), which requires
reports to be maintained in accordance with Appendix A to part 749.
This is a technical amendment to remove the inconsistency that would
otherwise arise between part 703 and the revised part 749.
III. Regulatory Procedures
A. Executive Orders 12866, 13563, and 14192
Pursuant to Executive Order 12866 (``Regulatory Planning and
Review''), a determination must be made whether a regulatory action is
significant and therefore subject to review by the Office of
Information and Regulatory Affairs (OIRA), within the Office of
Management and Budget (OMB) in accordance with the requirements of the
Executive Order.\10\ Executive Order 13563 (``Improving Regulation and
Regulatory Review'') supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in Executive Order 12866.\11\ This final rule was drafted
and reviewed in accordance with Executive Order 12866 and Executive
Order 13563. OIRA has determined that this final rule is not a
``significant regulatory action'' as defined by section 3(f) of
Executive Order 12866.
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\10\ 58 FR 51735 (Oct. 4, 1993).
\11\ 76 FR 3821 (Jan. 21, 2011).
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Executive Order 14192 (``Unleashing Prosperity Through
Deregulation'') requires that any new incremental costs associated with
new regulations shall, to the extent permitted by law, be offset by the
elimination of existing costs associated with at least 10 prior
regulations.\12\ This final rule is not an E.O. 14192 regulatory action
because this rule is not significant under E.O. 12866.
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\12\ 90 FR 9065 (Feb. 6, 2025).
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B. Regulatory Flexibility Act
The Regulatory Flexibility Act \13\ generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements, unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. If the agency makes such a certification, it
shall publish the certification at the time of publication of either
the proposed rule or the final rule, along with a statement providing
the factual basis for such certification.\14\ For purposes of this
analysis, NCUA considers small credit unions to be those having under
$100 million in assets.\15\ The Board fully considered the potential
economic impacts of the regulatory amendments on small credit unions.
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\13\ 5 U.S.C. 601 et seq.
\14\ 5 U.S.C. 605(b).
\15\ 80 FR 57512 (Sept. 24, 2015).
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This final rule amends part 749 by clarifying the purpose of the
regulation, updating the definitions, and removing unnecessary
references to recommendations and guidance. Part 749 is a longstanding
regulation that requires credit unions to establish a vital records
preservation program to identify, store, and reconstruct vital records
for the purpose of restoring vital member services after a catastrophic
event. The preamble makes clear that the purpose of the rule is to
reduce the regulatory burden of vital records preservation. It does so
by streamlining the regulation so that only vital records are preserved
and only for so long as they can be used to restore vital member
services. The rule is based on industry feedback, particularly from
small credit unions, that part 749, particularly Appendix A, is
unnecessarily burdensome and unclear. The elimination of Appendix A,
which recommends credit unions retain certain documents permanently,
should reduce the costs of compliance with part 749. Accordingly, NCUA
certifies the final rule will not have a significant economic impact on
a substantial number of small credit unions.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) generally provides that
an agency
[[Page 36076]]
may not conduct or sponsor, and not withstanding any other provision of
law, a person is not required to respond to, a collection of
information, unless it displays a currently valid OMB control number.
The PRA applies to rulemaking in which an agency creates a new or
amends existing information collection requirements. For purposes of
the PRA, an information collection requirement may take the form of a
reporting, recordkeeping, or a third-party disclosure requirement.
The final rule contains information collection recordkeeping
requirements associated with establishing, retaining and maintaining a
written vital records preservation program. This action will require
revision of an existing information collection for approval under the
PRA. The NCUA is proposing to extend, for three years, with revision,
its information collection. The revision was submitted to OMB for
approval under OMB control number 3133-0032.
Title of Information Collection: Records Preservation, 12 CFR part
749.
OMB Control Number: 3133-0032.
Estimated Number of Respondents: 4,339.
Estimated Number of Responses per Respondent: 1.
Estimated Annual Responses: 4,339.
Estimated Hours per response: Varies.
Estimated Total Annual Burden Hours: 8,726.
The NCUA estimates a total annual burden of 8,726 hours as follows:
NCUA Summary of Estimated Annual Burden
[3133-0032]
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Total
Information collection Type of burden Number of Number of Hours per estimated
activity (frequency of respondents responses per response annual burden
response) respondent hours
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Retain and maintain a written Recordkeeping 4,331 1 2 8,662
vital records preservation (On Occasion).
program.
Establish a written program.. Recordkeeping 8 1 8 64
(One-time).
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Total Estimated Annual ................ .............. ............... .............. 8,726
Burden (Hours).
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D. Executive Order 13132 on Federalism
Executive Order 13132 encourages independent regulatory agencies to
consider the impact of their actions on state and local interests.\16\
NCUA, an agency as defined in 44 U.S.C. 3502(5), voluntarily complies
with the executive order to adhere to fundamental federalism
principles. This final rule would apply to all FICUs, including state-
chartered credit unions. The NCUA expects that any effect on states or
on the distribution of power and responsibilities among the various
levels of government will be minor. The changes to part 749 would
mainly clarify the existing regulations and guidance in this area and
are not intended to affect the division of responsibilities between the
NCUA and state regulatory authorities with oversight of federally
insured, state-chartered credit unions.
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\16\ 64 FR 43255 (Aug. 4, 1999).
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E. Assessment of Federal Regulations and Policies on Families
NCUA has determined that this final rule will not affect family
well-being within the meaning of Section 654 of the Treasury and
General Government Appropriations Act, 1999.\17\ This final rule
relates to FICUs' vital records retention programs, and any effect on
family well-being is expected to be indirect.
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\17\ Public Law 105-277, 112 Stat. 2681 (1998).
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F. Congressional Review Act
The Congressional Review Act (CRA) generally provides for
congressional review of agency rules.\18\ NCUA must submit a report to
Congress and the Comptroller General when it issues a final rule, as
defined by the CRA.\19\ An agency rule, in addition to being subject to
congressional oversight, may also be subject to a delayed effective
date if the rule is a ``major rule.'' The Office of Information and
Regulatory Affairs (OIRA), within the Office of Management and Budget
(OMB), has determined that this rule is not a ``major rule'' within the
meaning of the relevant sections of the CRA. NCUA will also file
appropriate reports with Congress and the Comptroller General so this
rule may be reviewed.
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\18\ 5 U.S.C. 801-808.
\19\ 5 U.S.C. 804(3).
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List of Subjects
12 CFR Part 703
Credit unions, Investments, Reporting and recordkeeping
requirements.
12 CFR Part 749
Archives and records, Credit unions, Reporting and recordkeeping
requirements.
By the National Credit Union Administration Board, this 9th day
of June, 2026.
Melane Conyers-Ausbrooks,
Secretary of the Board.
For the reasons stated in the preamble, the NCUA Board amends 12
CFR parts 703 and 749 as follows:
PART 703--INVESTMENT AND DEPOSIT ACTIVITIES
Subpart B--Derivatives
0
1. The authority citation for part 703 continues to read as follows:
Authority: 12 U.S.C. 1757(7), 1757(8), 1757(14), and 1757(15).
Sec. 703.105 [Amended]
0
2. Remove and reserve Sec. 703.105(d).
PART 749--RECORDS PRESERVATION PROGRAM AND APPENDICES--RECORD
RETENTION GUIDELINES; CATASTROPHIC ACT PREPAREDENESS GUIDELINES
0
3. The authority citation for part 749 continues to read as follows:
Authority: 12 U.S.C. 1756, 1766(a), 1784, 1786, 1789; 15 U.S.C.
7001(d).
0
4. Revise part 749 to read as follows:
PART 749--VITAL RECORDS PRESERVATION PROGRAM
Sec.
749.0 Purpose and scope.
[[Page 36077]]
749.1 Definitions.
749.2 Vital records preservation program.
749.3 Vital records center and third-party service providers.
749.4 Format for vital records preservation.
749.5 Format for records required by other NCUA regulations.
Sec. 749.0 Purpose and scope.
(a) This part describes the obligations of a federally insured
credit union to maintain a vital records preservation program to
identify, store, and reconstruct vital records in the event such
records are destroyed.
(b) This part does not supersede records preservation requirements
that may apply to a credit union pursuant to other law or regulation.
Sec. 749.1 Definitions.
For purposes of this part:
Vital member services are the essential financial services that a
credit union provides to its members, such as member access to their
accounts, share withdrawal and deposit facilities, and loan payments
and disbursements.
Vital records are the most recent and current versions of the
records a credit union needs to restore vital member services. These
records are:
(1) A list of share, deposit, and loan balances for each member's
account as of the close of the most recent business day that:
(i) Shows each balance individually identified by a name or number,
(ii) Lists multiple loans of one account separately, and
(iii) Contains information sufficient to enable the credit union to
locate each member, such as address and telephone number.
(2) A financial report, which lists all of the credit union's asset
and liability accounts, current as of the most recent month-end.
(3) Bank reconcilements, current as of the most recent month-end.
(4) A list of the credit union's accounts at financial
institutions, insurance policies, and investments along with related
contact information, current as of the most recent month-end.
(5) Emergency contact information for employees, officials,
regulatory offices, and vendors used to support vital records.
(6) A credit union may classify additional records as vital and
maintain older versions of any vital records as it determines
necessary.
Vital records center is a storage facility, which may include
another federally insured credit union, at any location far enough from
the credit union's offices to avoid the simultaneous loss of both sets
of records in the event of a catastrophic act.
Sec. 749.2 Vital records preservation program.
(a) The board of directors of a credit union is responsible for
establishing a vital records preservation program within six months of
its insurance certificate being issued. The program must be in writing
and contain procedures for maintaining duplicate vital records at a
vital records center. The procedures must include:
(1) Designated staff responsible for vital records preservation,
(2) A schedule for the storage and destruction of vital records,
and
(3) A records preservation log as determined by the credit union
that will aid in locating and easily accessing the vital records. The
log may be in electronic or any other format as determined by the
credit union.
(b) A credit union that has some or all of its vital records
maintained by an off-site data processor is considered to be in
compliance for the storage of those records if the service agreement
specifies the data processor safeguards against the simultaneous
destruction of production and back-up information.
(c) Unless required by other law or regulation, older versions of
vital records may be destroyed once their current versions are stored.
Sec. 749.3 Vital records center and third-party service providers.
A credit union must maintain, or contract with a third-party
service provider to maintain, any equipment or software for its vital
records center necessary for the credit union to access its records. If
a credit union contracts with a third-party service provider to
maintain its records, the credit union must maintain effective
oversight of the third-party service provider to ensure the records
meet the requirements of this section.
Sec. 749.4 Format for vital records preservation.
Preserved vital records may be in any format that can be used to
reconstruct the credit union's vital records. The format used must
accurately reflect the information in the record, remain accessible to
all persons entitled to access by statute, regulation, or rule of law,
and be capable of reproduction by transmission, printing, or otherwise.
Sec. 749.5 Format for records required by other NCUA regulations.
Where NCUA regulations require a credit union to retain certain
writings, records, or information, the credit union may use any format
that accurately reflects the information in the record, is accessible
to all persons entitled to access by statute, regulation, or rule of
law, and is capable of being reproduced by transmission, printing, or
otherwise. The credit union must maintain the necessary equipment or
software to permit an examiner to access the records during the
examination process.
[FR Doc. 2026-12058 Filed 6-15-26; 8:45 am]
BILLING CODE 7535-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.