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BSA Section 123

Requires uninsured financial institutions and certain other financial businesses to keep records and maintain compliance procedures when those records are useful for law enforcement, regulatory oversight, tax enforcement, or national security investigations.

Rule Overview

Jurisdiction: United States

Regulator: FinCEN

Topic: Recordkeeping

12 USC Section 1953
Overview
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Further Reading
  • The statute primarily applies to uninsured banks, uninsured financial institutions, and certain other financial businesses.
  • The Treasury Department may require such entities to create, retain, and maintain certain records if it determines that those records would be useful for:
    • criminal investigations;
    • tax investigations;
    • regulatory investigations; or
    • intelligence and counterterrorism purposes.
  • The Treasury Department may also require those entities to establish internal procedures and controls to ensure compliance with recordkeeping requirements.
  • Records may be retained in electronic or automated form, provided the institution complies with the Treasury Department’s conditions for electronic recordkeeping.
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Further Reading