Client Records Retention Schedule

1. Introduction

1.1 This Record Retention Schedule accompanies and is incorporated into Nelsons’  Privacy Standards Policy.

1.2 It sets out the time periods that different types of Client and Business Records are retained for business and legal purposes. This is a lengthy document listing the many types of records used by Nelsons and the applicable retention periods for each record type.

1.3 The retention periods are based on business needs and legal requirements. If you maintain any types of records that are not listed in this schedule, and it is not clear from the existing record types in this Schedule what retention period should apply, please contact the Privacy Standards Team for guidance.

1.4 There will be occasions when it is necessary to store archived client files for longer periods

1.5 Special Arrangements for Private Client Files

1.5.1 Will files must initially be allocated a destruction date for the year 3000 to ensure they are not destroyed. On their retrieval, they should then be allocated a destruction date 12 years from the client’s death to coincide with the destruction of the probate file where applicable.

1.5.2 Ongoing Trust files should not be archived but should be “archived in part” – check with our private client staff.

1.5.3 Signed accounts on Trust files are kept for 40 years.

1.6 Special Arrangements for matters involving infants. The destruction date period should run from the infant’s 18th birthday.

1.7 Personal Data obtained for Anti Money Laundering and Counter Terrorist Financing Compliance Purposes

Nelsons’ Terms and Condition for acting for clients and Nelsons Privacy Notice contain provisions which permit Nelsons to retain such personal data for longer than the current maximum period stipulated by current anti money laundering and counter-terrorist financing regulations

1.8 Any deviations from the retention periods in this Schedule must be approved in advance by the COLP.

2. All Client Records and Matter Files

WORK TYPE	DEPARTMENT	DESCRIPTION	YEARS
047	Commercial Property	Secured Lending	12
075	Commercial Property	Agricultural – Land Acquisition	12
076	Commercial Property	Development Land – Sale	7
077	Commercial Property	Development Land – Purchase	12
078	Commercial Property	Plot Sales	7
079	Commercial Property	Planning Advice	7
080	Commercial Property	Agricultural – Tenancy	12
081	Commercial Property	Lessor	12
082	Commercial Property	Freehold Sale	7
082	Commercial Property	Freehold Purchase	12
083	Commercial Property	Lessee	12
093	Commercial Property	Landlord	12
120	Commercial Property	Housing – Landlord	7
031	Construction	Construction – Contentious	7
033	Construction	Construction – Non Contentious	12
015	Corporate and Commercial	Intellectual Property	7
017	Corporate and Commercial	Insolvency – Corporate	7
022	Corporate and Commercial	Insolvency – Personal	7
025	Corporate and Commercial	Insolvency – Practitioner Personal	7
029	Corporate and Commercial	Insolvency – Practitioner Corporate	7
037	Corporate and Commercial	Management Buy Out/Buy In	12
038	Corporate and Commercial	Company Law	7
039	Corporate and Commercial	Commercial Law	7
040	Corporate and Commercial	EEC/Competition	7
041	Corporate and Commercial	Intellectual Property & TBC	7
042	Corporate and Commercial	Directorship Law	7
043	Corporate and Commercial	Insolvency – Non Contentious	7
044	Corporate and Commercial	General Commercial Advice	7
045	Corporate and Commercial	Acquisitions & Disposals	8
046	Corporate and Commercial	Company Formations & Reorganisation	7
048	Corporate and Commercial	Commercial Agreements	7
084	Employment	Employer – Non Contentious	7
085	Employment	Employer – Contentious	7
086	Employment	Emplus	7
087	Employment	Employee – Non Contentious	7
088	Employment	Employee – Contentious	7
001	Family	Injunctions	7
002	Family	Cohabitees Dispute	7
003	Family	Change of Name	7
004	Family	Adoption Private Law	Current
005	Family	Adoption Public Law	Current
006	Family	Children Private Law	7
007	Family	Children Public Law	Current
008	Family	Divorce/Judicial Separation	7
009	Family	Mediation – Separate Intake	7
010	Family	Mediation – Joint Intake	7
011	Family	Mediation – Child	7
012	Family	Mediation – Property & Finance	7
013	Family	Mediation – All Issues	7
014	Family	Mediation – Private	7
021	Family	Mediation – Civil	7
026	Family	Welfare Benefits	7
108	Family	Ancillary Relief	7
111	Family	Child Support Agency	7
112	Family	Education	7
016	Dispute Resolution	Professional Negligence	7
018	Dispute Resolution	Commercial Litigation	7
019	Dispute Resolution	Private Litigation	7
020	Dispute Resolution	Inheritance Claim	7
023	Dispute Resolution	Judicial Review	7
024	Dispute Resolution	Actions Against Police	7
027	Dispute Resolution	Consumer & General	7
028	Dispute Resolution	Housing – Tenant	7
030	Dispute Resolution	Debt – Advice	7
032	Dispute Resolution	Property Litigation	7
034	Dispute Resolution	Debt Collection	7
064	Dispute Resolution	Public Liability	7
065	Dispute Resolution	Product Liability	7
073	Dispute Resolution	Committees & Tribunals	7
089	Dispute Resolution	Tribunal	7
109	Dispute Resolution	OSS Interventions	7
125	Dispute Resolution	Euro Defi Management	7
127	Dispute Resolution	School Appeals	7
62	Personal Injury	Group Action	7
63	Personal Injury	CICA	7
66	Personal Injury	Clinical Negligence	7
67	Personal Injury	RTA	7
68	Personal Injury	Industrial Injuries	7
69	Personal Injury	RTA – Small Claims	7
100	Investment Management	Mortgage Procuration	12
101	Investment Management	Endowment	12
102	Investment Management	Pensions	7
103	Investment Management	Investments – Discrete	7
104	Investment Management	Investments – Non Discrete	7
105	Investment Management	General Financial Advice	7
049	Probate	Wills	See Notes
050	Probate	Administration Of Estate	13
051	Probate	Trusts & Settlement Creation	7
052	Probate	Trusts & Settlement Admin	7
053	Probate	Taxation Advice	7
054	Probate	Power of Attorney	7
055	Probate	Residential Care Advice	7
056	Probate	Notarial Work	7
057	Probate	Court of Protection	7
058	Probate	Deed of Gift	12
115	Probate	Transfer of Property	12
116	Probate	Declaration of Trust	13
082	Residential Property	Freehold	7
094	Residential Property	Residential Property – Gen Advice	7
095	Residential Property	Sale	7
096	Residential Property	Purchase	12
097	Residential Property	Sale & Purchase	12
098	Residential Property	Transfer of Equity	7
099	Residential Property	Re-mortgage	7
113	Residential Property	Matrimonial Conveyancing	12
06	All	Agency Work	7

3. Company records

Record	Recommended retention period	Storage format	Reference
Certificate of incorporation	Indefinitely	Paper/electronic	Companies Act 2006, s 15 (CA 2006)
New certificate of incorporation to reflect change of company name	Indefinitely	Paper/electronic	CA 2006, s 80
Memorandum and articles of association (signed original)	Indefinitely	Paper/electronic	CA 2006, ss 8 and 18
Trading certificate	Indefinitely	Paper/electronic	CA 2006, s 761
Accounting records	3 years from the date on which the record was made (private companies) 6 years from the date on which the record was made (public companies)	Paper/electronic	CA 2006, ss 386 and 388
Records of all proceedings at directors’ meetings, including: —board minutes —minute books —written resolutions of the board —register of sealed documents	10 years from the date of the meeting	Paper/electronic	CA 2006, s 248
Minutes of all proceedings of general meetings	10 years from the date of the meeting	Paper/electronic	CA 2006, s 355
Copies of all members’ resolutions passed outside general meetings	10 years from the date of the resolution	Paper/electronic	CA 2006, s 355
All decisions made by a sole member	10 years from the date of the decision	Paper/electronic	CA 2006, ss 355 and 357
Reports and accounts required by HMRC	6 years	Paper/electronic	Value Added Tax Act 1994 (VATA 1994), Sch 11 s 6(3)
Register of directors and their residential addresses	Indefinitely for the register itself	Paper/electronic	CA 2006, s 162
Directors’ service contracts and any variations	Paper/electronic	Limitation Act 1980 ss 5, 8 CA 2006, ss 227 and 228
Register of directors’ interests in shares and debentures	Indefinitely	[Paper/electronic]	[No requirement by CA 2006 to maintain a register of directors’ interests]
Register of secretaries	Indefinitely for the register itself	Paper/electronic	CA 2006, s 275
Register of disclosed interests	Indefinitely for the register itself An old entry may be removed from the register if more than six years have elapsed since the entry was made A third party may apply for an entry relating to them to be removed from the register, if it is incorrect	Paper/electronic	CA 2006, ss 793, 808, 816 and 817
Register of members	Indefinitely for the register itself Former members may be removed from the register after 10 years from the date their membership ceases	Paper/electronic	CA 2006, ss 113 and 121
Contracts for the purchase by a company of its own shares, or if the contract is not in writing, a written memorandum setting out its terms	10 years from: —the date on which the purchase of all the shares in pursuance of the contract is completed, or —the date on which the contract otherwise determines	Paper	CA 2006, s 702
Register of debenture or loan stock holders	Indefinitely for the register itself There is a 10 year limit on claims arising from the making or deletion or a failure to make or delete any entry in the register	Paper/electronic	CA 2006, s 748
Results of a poll required to be made available on a website	2 years after publication on the website	Paper/electronic	CA 2006, ss 341 and 353
Report of an independent poll assessor required to be made available on a website	2 years after publication on the website	Paper/electronic	CA 2006, s 351 and 353

4. Human Resources records

4.1 Personnel records

Record	Recommended retention period	Storage format	Reference
Rejected job applicant records, including: —application letters/forms —CVs —references —certificates of good conduct —interview notes —assessment and psychological test results	6 months after applicant is notified of rejection OR 12 months if the candidate has asked for their details to be kept for future vacancies.   Application forms should give applicants the opportunity to object to their details being retained	Paper/electronic	ICO Employment Practices Code para 1.7 Equality Act 2010, s 123
Application records of successful candidates, including: —employment application forms of successful applicants —copies of academic and other training received —references —correspondence concerning employment —CVs —interview notes and evaluation forms —assessment and psychological test papers and results	While employment continues and for 7 years after employment ends.	Paper/electronic	Limitation Act 1980 (LA 1980), s 5
Employment contracts, including:—personnel and training records —written particulars of employment —changes to terms and conditions	While employment continues and for 7 years after employment ends.	Paper/electronic	LA 1980, s 5
Copies of identification documents (eg passports)	While employment continues and for 7 years after employment ends.	Paper/electronic	LA 1980, s 5
Identification documents of foreign nationals (including right to work)	2 years from the date of termination of employment	Paper/electronic	Immigration Restrictions on Employment) Order SI 2007/3290, Art 6(1)(b)
Records concerning a temporary worker	While employment continues and for 7 years after employment ends.	Paper/electronic	LA 1980, s 5
Employee performance records, including: —probation reviews —review meeting and assessment interviews —appraisals and evaluations —promotions and demotions	While employment continues and for 7 years after employment ends.	Paper/electronic	LA 1980, s 5
Records relating to and/or showing compliance with Working Time Regulations 1998 including: —registration of work and rest periods —working time opt-out forms	2 years from the date on which the record was made	Paper/electronic	Working Time Regulations 1998, SI 1998/1833, reg 9
Redundancy records	7 years from date of redundancy	Paper/electronic	LA 1980, s 5
Annual leave records	7 years after the end of each tax year	Paper/electronic	LA 1980, s 5
Parental leave records	7 years after the end of each tax year	Paper/electronic	LA 1980, s 5
Sickness records	7 years after the end of each tax year	Paper/electronic	LA 1980, s 5
Records of return to work meetings following sickness, maternity etc	7 years the end of each tax year	Paper/electronic	LA 1980, s 5

4.2 Payroll and salary records

Record	Recommended retention period	Storage format	Reference
Records for the purposes of tax returns including wage/salary records, records of overtime, bonuses and expenses	6 years.  However, given their potential relevance to pay disputes they will be retained for seven years after employment ends.	Paper/electronic	Taxes Management Act 1970, s 12B Finance Act 1998, Schedule 18, para 21
PAYE records, including: —wage sheets —deductions working sheets —calculations of the PAYE income of employees and relevant payments	3 years.  However, given their potential relevance to pay disputes they will be retained for 7 years after the working relationship ends.	Paper/electronic	Income Tax (Pay As You Earn) Regulations 2003, SI 2003/2682, reg 97
Income tax and NI returns, income tax records and correspondence with HMRC	3 years after the end of the financial year to which they relate	Paper/electronic	Income Tax (Employments) Regulations 1993, SI 1993/744, reg 55
Records demonstrating compliance with national minimum wage requirements	3 years beginning with the day upon which the pay reference period immediately following that to which they relate ends	Paper/electronic	The National Minimum Wage Regulations 2015, SI 2015/621, reg 59
Details of benefits in kind, income tax records (P45, P60, P58, P48 etc), annual return of taxable pay and tax paid	6 years (but general time limit under the TMA 1970 is reducing to 4 years from 1 April 2012)	Paper/electronic	Taxes Management Act 1970
Employee income tax and national insurance returns and associated HMRC correspondence	3 years from end of tax year to which they relate	Paper/electronic	Income Tax (Pay as You Earn) Regulations 2003, SI 2003/2682, reg 97
Statutory sick pay (SSP) records	3 years after the end of the tax year to which they relate	Paper/electronic	The requirement to maintain SSP records for three years after the end of the tax year to which they relate was revoked in 2014, but an employer may still be required by HMRC to produce such records as are in his possession or power which contain, or may contain, information relevant to satisfy HMRC that statutory sick pay has been and is being paid. The Statutory Sick Pay (General) Regulations 1982, SI 1982/894, reg 13(A)
Wage/salary records (including overtime, bonuses and expenses)	6 years.  However, given their potential relevance to pay disputes they will be retained for 7 years after employment ends.	Paper/electronic	Taxes Management Act 1970, s 43
Records relating to hours worked and payments made to workers	3 years	Paper/electronic	National Wage Act 1998, s 9 The National Wage Regulations 1999, reg 38
Statutory maternity pay records, calculations, certificates or other medical evidence	4 years after the end of the tax year in which the maternity pay period ends.	Paper/electronic	Statutory Maternity Pay (General) Regulations 1986, SI 1986/1960, reg 26

4.3 Health and safety records

Record	Recommended retention period	Storage format	Reference
Records of reportable injuries, diseases or dangerous occurrences —reportable incidents —reportable diagnoses —injury arising out of accident at work (including Nelsons accident book)	For at 4 four years from the date the report was made.	Paper/electronic	The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR 2013), SI 2013/1471, reg 12
Lists/register of employees who have been exposed to asbestos dust, including health records of each employee	40 years from the date of the last entry made in the record	Paper/electronic	Control of Asbestos Regulations 2012, SI 2012/63, reg 22(1)
Medical records and details of biological tests under the Control of Lead at Work Regulations	40 years from the date of the last entry made in the record	Paper/electronic	The Control of Lead at Work Regulations 2002 (CLAW 2002), SI 2002/2676, reg 10
Medical records as specified by the Control of Substances Hazardous to Health Regulations (COSHH)	40 years from the date of the last entry made in the record	Paper/electronic	The Control of Substances Hazardous to Health Regulations 2002 (COSHH 2002), SI 2002/2677, reg 11
Records of monitoring of exposures to hazardous substances (where exposure monitoring is required under COSHH)	Where the record is representative of the personal exposures of identifiable employee—40 years from the date of the last entry made in the record Otherwise, 5 years from the date of the last entry made in the record	Paper/electronic	COSHH 2002, reg 10(5)
Records of tests and examinations of control systems and protective equipment under COSHH	5 years from the date on which the record was made	Paper/electronic	COSHH 2002, reg 9

5. Anti-money-laundering and counter-terrorist financing records

Record	Recommended retention period	Storage format	Reference
Records, documents or information relating to an occasional transaction	5 years from the date you know or have reasonable grounds to suspect the transaction is complete	Paper/electronic	Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, reg 40(1)–40(4) and 40(6)
Records, documents or information relating to: —any transaction occurring as part of a business relationship, or —CDD measures taken in connection with that relationship	5 years from the date you know or have reasonable grounds to suspect the business relationship has come to an end Subject to a long-stop retention period of 10 years for records relating to each individual transaction subject to longer permitted periods in accordance with Nelsons Terms and Conditions and Privacy Notice	Paper/electronic	MLR 2017, reg 40(1)–40(4) and 40(6)
A copy of any documents and information obtained to satisfy CDD requirements, when your CDD is relied on by another relevant person	Five years from the date on which you are relied on	Paper/electronic	MLR 2017, reg 40(1)–40(4) and 40(6)

6. Review & Monitor

6.1 This schedule shall be continually monitored and reviewed by the COLP to ensure that it complies with updates to legislation and follows identified best practice procedures.