Robert:
Articles of Agreement or Incorporation are permanent government records
in NH. They are filed with local city and town clerks as well as with
the Secretary of State's Office and are listed in our state's municipal
records retention law.
We also file by-laws with the relevant Articles of Agreement and retain
those permanently as well. (There may be a legal purpose in knowing
what by-laws were in effect at a specific time during that company's
history.)
It was not clear to me what institution or organization you were
inquiring on behalf of, however (e.g., a business or other facility such
as a library). If you are talking about copies of articles of agreement
pertaining to a defunct business but which are on file with the
appropriate government agency, then there might not be any need to
retain your copy other than for historical or informational purposes.
I concur with Elizabeth: check your own state's laws or regulations as
they pertain to the retention of this type of record.
Paul R. Bergeron, CA, CMC
City Clerk
229 Main Street
Nashua, NH 03060
603-589-3010
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of A.S.E. Fairfax
Sent: Wednesday, January 13, 2010 12:04 PM
To: [log in to unmask]
Subject: Re: [RM] Articles of Incorporation
Depends entirely on what type of organization we are talking about here,
but you may want to check the Uniform Commercial Code for private
enterprise and corporations. Otherwise, individual states may regulate
business and non-profit entities under any number of rubrics: fraternal
organizations, limited partnerships, community non-profits, etc.
Business guidelines for
501(c)3 organizations are limited at the federal level to revenue,
expenditure and tax records, but audits require standard business
practices, so you might check with the state regulations on
incorporation, and the state offices where this occurs, usually the
Secretary of State's office, and the retention period applied through
that state office. Depending on the state, local regulations may also
apply, not to mention any regulations that apply to a specific type of
industry or business relationship.
Complicated question, complicated answer. Perhaps the sheer complexity
should lead one to conclude that to be on the safe side, conserving
these seminal and foundational records are a)archival (based on
appraisal) and b) permanent within the organization, whether or not
anybody else says so.
My 2 cents worth.
A.S.Elizabeth Fairfax, MA, CA
Island County Records and Information Management Program
e-mail: [log in to unmask]
x5569
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Thys, Robert
Sent: Wednesday, January 13, 2010 8:38 AM
To: [log in to unmask]
Subject: [RM] Articles of Incorporation
I have been looking into the retention of bylaws, charters and articles
of incorporation. I could not find any law or regulation that
specifically states the length of time these documents should be
retained . . .
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