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.

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