<<
What is the common business practice retention for transit checks?  If 
there is fraudulent activity, our legal group can
always go to the originating bank and request a copy of the check as long 
as it's within 7 years.  Do we (BBVAC) need to keep a copy of the transit 
check for 7 years as well or can we destroy/delete our image after a 
lesser amount of time?  How does your bank handle this?
>>

Debi,

Does your bank really send the paper copy to the originating bank? Or is 
it truncated (imaged) and the image sent to central clearing and then to 
the other bank? Regardless, I think you question is "do we need to keep 
our copy?"

Here is the FFIEC's FAQ page on the Check 21 Act/12 CFR 229:
https://www.ffiec.gov/exam/check21/faq.htm

"33. How long is the truncating bank required to keep the original check? 
The act puts no destruction or retention requirements on the truncating 
bank. Check retention and destruction and related requirements are 
governed under existing check law, specifically UCC 4-406. In most states, 
a bank is not required to give the original check to its customer 
(Massachusetts and New York have an exception to this rule because those 
states require banks to give customers an option to receive paid original 
checks with their account statements). The Check 21 Act does not alter 
these existing rules. 
In determining which original paper checks should be retained and for how 
long, a bank truncating the original paper check should consider its 
business risks, cost structures, and any agreements it may have with 
customers or other banks concerning check retention in light of the 
existing legal requirements relating to check retention and destruction."

Gary Link
Pittsburgh, PA
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