Document Retention Policy 2026: Schedule, Holds, and Destruction Controls
Schedule (Minimums, Confirm Counsel)
| Record | Keep |
|---|---|
| Tax returns + K-1s + 1099/W-2 | 7 years |
| Payroll registers + returns | 7 years |
| Bank recs, GL, close binders | 7 years |
| AP/AR support | 7 years |
| Board minutes, charters, ledgers | Permanent |
| Audit reports + workpapers | 7+ years |
| Privacy DSAR logs | Per policy, 3+ years |
Pair with Record Retention Tax, Payroll Year-End, Year-End Close, and Board Minutes.
Controls
- Owner per category, central index, access roles.
- Annual review + hold check before destruction — see Internal Controls.
- Backup tested — see NIST.
- Destruction log with dual approval — see Audit Procedures.
Link to Compliance Checklist and Month-End Close.
Retention by System (Where It Actually Lives)
| Record | System of record | Format |
|---|---|---|
| Tax returns, K-1s | CPA portal + immutable archive | PDF + workpapers |
| Payroll registers | Payroll provider + GL tie | Export + rec — see Payroll Year-End |
| Bank recs, close binders | Close drive, versioned | Signed PDFs — see Month-End Close |
| Contracts, minutes | Diligence vault (data room) | Executed copies — see Board Minutes |
| Email/Slack holds | eDiscovery export on hold notice | Preserved, not auto-deleted |
| HR files | HRIS vault, restricted | Access-logged |
“Stored in someone’s inbox” is not retention. Each row needs one owner, one location, and one backup — tested per NIST. Map it once in a retention matrix; auditors and acquirers both ask for it (see Due Diligence).
Legal Hold Playbook (Step by Step)
- Issue in writing within 24 hours of trigger (letter, subpoena, investigation, credible threat). Name the matter, custodians, scope, and “do not delete, do not auto-archive” instruction.
- Collect acknowledgments. Every custodian confirms receipt; chase non-responders daily. An unacknowledged hold is an unenforced hold.
- Suspend auto-destruction. Pause mailbox retention policies, Slack/Drive auto-delete, and scheduled shredding for in-scope custodians — document the IT ticket numbers.
- Preserve broadly, review narrowly. Image or export liberally; counsel decides relevance later. Over-preservation costs storage; under-preservation costs cases.
- Release in writing. When the matter closes, release custodians explicitly and resume schedules. Holds left open for years rot into ignored background noise.
Coordinate whistleblower-related holds with the Whistleblower protocol and the audit committee — never the subject’s chain of command.
Destruction Run (Annual, Supervised)
Once a year, with no open holds confirmed in writing: pull the eligible list from the matrix, dual-approve each category, witness shredding/wipe with certificates, and log date, method, approvers, and certificate IDs. File the log permanently — proof of routine, policy-based destruction defeats spoliation claims far better than ad-hoc deletions. Train every custodian on holds before the run, not during it.
FAQ
Where to store?
Immutable finance archive plus access-restricted HR/payroll vault; no local desktops as record.
What triggers hold fastest?
Litigation letter, subpoena, whistleblower investigation — see Whistleblower.
Next Steps
- Approve schedule with counsel this month.
- Index existing files to schedule.
- Train holds before year-end destruction run.