31 CFR 1010.410 Records to be made and retained by financial institutions (Recordkeeping Rule (e), Travel Rule (f), $3,000)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Fincen

2025-07-01

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Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

§ 1010.400                                                             31 CFR Ch. X (7–1–25 Edition)

                                                                     fraudulent beneficial ownership infor-                    fulness in criminal, tax, or regulatory
                                                                     mation, including a false or fraudulent                   investigations or proceedings.
                                                                     identifying photograph or document, to
                                                                     FinCEN in accordance with this sec-                       § 1010.405     [Reserved]
                                                                     tion, or to willfully fail to report com-
                                                                     plete or updated beneficial ownership                     § 1010.410 Records to be made and re-
                                                                     information to FinCEN in accordance                           tained by financial institutions.
                                                                     with this section. For purposes of this                      Each financial institution shall re-
                                                                     paragraph (g):                                            tain either the original or a copy or re-
                                                                       (1) The term ‘‘person’’ includes any                    production of each of the following:
                                                                     individual, reporting company, or                            (a) A record of each extension of
                                                                     other entity.                                             credit in an amount in excess of $10,000,
                                                                       (2) The term ‘‘beneficial ownership                     except an extension of credit secured
                                                                     information’’ includes any information                    by an interest in real property, which
                                                                     provided to FinCEN under this section.                    record shall contain the name and ad-
                                                                       (3) A person provides or attempts to                    dress of the person to whom the exten-
                                                                     provide beneficial ownership informa-                     sion of credit is made, the amount
                                                                     tion to FinCEN if such person does so                     thereof, the nature or purpose thereof,
                                                                     directly or indirectly, including by pro-                 and the date thereof;
                                                                     viding such information to another                           (b) A record of each advice, request,
                                                                     person for purposes of a report or appli-                 or instruction received or given regard-
                                                                     cation under this section.                                ing any transaction resulting (or in-
                                                                       (4) A person fails to report complete                   tended to result and later canceled if
                                                                     or updated beneficial ownership infor-                    such a record is normally made) in the
                                                                     mation to FinCEN if, with respect to                      transfer of currency or other monetary
                                                                     an entity:                                                instruments, funds, checks, investment
                                                                       (i) such entity is required, pursuant                   securities, or credit, of more than
                                                                     to title 31, United States Code, section                  $10,000 to or from any person, account,
                                                                     5336, or its implementing regulations,                    or place outside the United States.
                                                                     to report information to FinCEN;                             (c) A record of each advice, request,
                                                                       (ii) the reporting company fails to re-                 or instruction given to another finan-
                                                                     port such information to FinCEN; and                      cial institution or other person located
                                                                       (iii) such person either causes the                     within or without the United States,
                                                                     failure, or is a senior officer of the en-                regarding a transaction intended to re-
                                                                     tity at the time of the failure.                          sult in the transfer of funds, or of cur-
                                                                     [87 FR 59591, Sept. 30, 2022, as amended at 88            rency, other monetary instruments,
                                                                     FR 76997, Nov. 8, 2023; 88 FR 83504, Nov. 30,             checks, investment securities, or cred-
                                                                     2023; 89 FR 83783, Oct. 18, 2024; 90 FR 13697,            it, of more than $10,000 to a person, ac-
                                                                     Mar. 26, 2025]                                            count or place outside the United
                                                                                                                               States.
                                                                      Subpart D—Records Required To                               (d) A record of such information for
                                                                              Be Maintained                                    such period of time as the Secretary
                                                                                                                               may require in an order issued under
                                                                     § 1010.400     General.                                   § 1010.370(a), not to exceed five years.
                                                                       Each financial institution (as defined                     (e) Nonbank financial institutions.
                                                                     in 31 U.S.C. 5312(a)(2) or (c)(1)) should                 Each agent, agency, branch, or office
                                                                     refer to its chapter X part for any addi-                 located within the United States of a
                                                                     tional recordkeeping requirements. Un-                    financial institution other than a bank
                                                                     less otherwise indicated, the record-                     is subject to the requirements of this
                                                                     keeping requirements contained in this                    paragraph (e) with respect to a trans-
                                                                     subpart D apply to all financial institu-                 mittal of funds in the amount of $3,000
                                                                     tions.                                                    or more:
                                                                                                                                  (1) Recordkeeping requirements. (i) For
                                                                     § 1010.401 Determination by the Sec-                      each transmittal order that it accepts
                                                                         retary.                                               as a transmittor’s financial institu-

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                                                                       The Secretary hereby determines                         tion, a financial institution shall ob-
                                                                     that the records required to be kept by                   tain and retain either the original or a
                                                                     this chapter have a high degree of use-                   microfilm, other copy, or electronic

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                                                                     Financial Crimes Enforc. Network, Treas.                                                       § 1010.410

                                                                     record of the following information re-                   cepts the transmittal order, the
                                                                     lating to the transmittal order:                          transmittor’s     financial   institution
                                                                        (A) The name and address of the                        shall obtain and retain a record of the
                                                                     transmittor;                                              name and address, the type of identi-
                                                                        (B) The amount of the transmittal                      fication reviewed, and the number of
                                                                     order;                                                    the identification document (e.g., driv-
                                                                        (C) The execution date of the trans-                   er’s license), as well as a record of the
                                                                     mittal order;                                             person’s taxpayer identification num-
                                                                        (D) Any payment instructions re-                       ber (e.g., social security or employer
                                                                     ceived from the transmittor with the                      identification number) or, if none,
                                                                     transmittal order;                                        alien identification number or passport
                                                                        (E) The identity of the recipient’s fi-                number and country of issuance, or a
                                                                     nancial institution;                                      notation in the record of the lack
                                                                        (F) As many of the following items as                  thereof. If the transmittor’s financial
                                                                     are received with the transmittal                         institution has knowledge that the per-
                                                                     order: 1                                                  son placing the transmittal order is
                                                                        (1) The name and address of the re-                    not the transmittor, the transmittor’s
                                                                     cipient;                                                  financial institution shall obtain and
                                                                        (2) The account number of the recipi-                  retain a record of the transmittor’s
                                                                     ent; and                                                  taxpayer identification number (e.g.,
                                                                        (3) Any other specific identifier of the               social security or employer identifica-
                                                                     recipient; and                                            tion number) or, if none, alien identi-
                                                                        (G) Any form relating to the trans-                    fication number or passport number
                                                                     mittal of funds that is completed or                      and country of issuance, if known by
                                                                     signed by the person placing the trans-                   the person placing the order, or a nota-
                                                                     mittal order.                                             tion in the record of the lack thereof.
                                                                        (ii) For each transmittal order that                     (ii) If the transmittal order accepted
                                                                     it accepts as an intermediary financial                   by the transmittor’s financial institu-
                                                                     institution, a financial institution                      tion is not made in person, the
                                                                     shall retain either the original or a                     transmittor’s     financial   institution
                                                                     microfilm, other copy, or electronic                      shall obtain and retain a record of the
                                                                     record of the transmittal order.                          name and address of the person placing
                                                                        (iii) For each transmittal order that                  the transmittal order, as well as the
                                                                     it accepts as a recipient’s financial in-                 person’s taxpayer identification num-
                                                                     stitution, a financial institution shall                  ber (e.g., social security or employer
                                                                     retain either the original or a micro-                    identification number) or, if none,
                                                                     film, other copy, or electronic record of                 alien identification number or passport
                                                                     the transmittal order.                                    number and country of issuance, or a
                                                                        (2) Transmittors other than established                notation in the record of the lack
                                                                     customers. In the case of a transmittal                   thereof, and a copy or record of the
                                                                     order from a transmittor that is not an                   method of payment (e.g., check or cred-
                                                                     established customer, in addition to                      it card transaction) for the transmittal
                                                                     obtaining and retaining the informa-                      of funds. If the transmittor’s financial
                                                                     tion required in paragraph (e)(1)(i) of                   institution has knowledge that the per-
                                                                     this section:                                             son placing the transmittal order is
                                                                        (i) If the transmittal order is made in                not the transmittor, the transmittor’s
                                                                     person, prior to acceptance the                           financial institution shall obtain and
                                                                     transmittor’s      financial   institution                retain a record of the transmittor’s
                                                                     shall verify the identity of the person                   taxpayer identification number (e.g.,
                                                                     placing the transmittal order. If it ac-                  social security or employer identifica-
                                                                                                                               tion number) or, if none, alien identi-
                                                                       1 For   transmittals of funds effected                  fication number or passport number
                                                                     through the Federal Reserve’s Fedwire funds               and country of issuance, if known by
                                                                     transfer system by a domestic broker or                   the person placing the order, or a nota-
                                                                     dealers in securities, only one of the items is
                                                                     required to be retained, if received with the
                                                                                                                               tion in the record of the lack thereof.
                                                                     transmittal order, until such time as the                   (3) Recipients other than established

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                                                                     bank that sends the order to the Federal Re-              customers. For each transmittal order
                                                                     serve Bank completes its conversion to the                that it accepts as a recipient’s finan-
                                                                     expanded Fedwire message format.                          cial institution for a recipient that is

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                                                                     § 1010.410                                                             31 CFR Ch. X (7–1–25 Edition)

                                                                     not an established customer, in addi-                     erence to the name of the recipient. If
                                                                     tion to obtaining and retaining the in-                   the recipient is an established cus-
                                                                     formation       required     in paragraph                 tomer of the recipient’s financial insti-
                                                                     (e)(1)(iii) of this section:                              tution and has an account used for
                                                                       (i) If the proceeds are delivered in                    transmittals of funds, then the infor-
                                                                     person to the recipient or its represent-                 mation also shall be retrievable by ac-
                                                                     ative or agent, the recipient’s financial                 count number. This information need
                                                                     institution shall verify the identity of                  not be retained in any particular man-
                                                                     the person receiving the proceeds and                     ner, so long as the financial institution
                                                                     shall obtain and retain a record of the                   is able to retrieve the information re-
                                                                     name and address, the type of identi-                     quired by this paragraph, either by ac-
                                                                     fication reviewed, and the number of                      cessing transmittal of funds records di-
                                                                     the identification document (e.g., driv-                  rectly or through reference to some
                                                                     er’s license), as well as a record of the                 other record maintained by the finan-
                                                                     person’s taxpayer identification num-                     cial institution.
                                                                     ber (e.g., social security or employer                      (5) Verification. Where verification is
                                                                     identification number) or, if none,                       required under paragraphs (e)(2) and
                                                                     alien identification number or passport                   (e)(3) of this section, a financial insti-
                                                                     number and country of issuance, or a                      tution shall verify a person’s identity
                                                                     notation in the record of the lack                        by examination of a document (other
                                                                     thereof. If the recipient’s financial in-                 than a customer signature card), pref-
                                                                     stitution has knowledge that the per-                     erably one that contains the person’s
                                                                     son receiving the proceeds is not the                     name, address, and photograph, that is
                                                                     recipient, the recipient’s financial in-                  normally acceptable by financial insti-
                                                                     stitution shall obtain and retain a                       tutions as a means of identification
                                                                     record of the recipient’s name and ad-                    when cashing checks for persons other
                                                                     dress, as well as the recipient’s tax-                    than         established      customers.
                                                                     payer identification number (e.g., so-                    Verification of the identity of an indi-
                                                                     cial security or employer identification                  vidual who indicates that he or she is
                                                                     number) or, if none, alien identifica-                    an alien or is not a resident of the
                                                                     tion number or passport number and                        United States may be made by pass-
                                                                     country of issuance, if known by the                      port, alien identification card, or other
                                                                     person receiving the proceeds, or a no-                   official document evidencing nation-
                                                                     tation in the record of the lack thereof.                 ality or residence (e.g., a foreign driv-
                                                                       (ii) If the proceeds are delivered                      er’s license with indication of home ad-
                                                                     other than in person, the recipient’s fi-                 dress).
                                                                     nancial institution shall retain a copy                     (6) Exceptions. The following trans-
                                                                     of the check or other instrument used                     mittals of funds are not subject to the
                                                                     to effect payment, or the information                     requirements of this section:
                                                                     contained thereon, as well as the name                      (i) Transmittals of funds where the
                                                                     and address of the person to which it                     transmittor and the recipient are any
                                                                     was sent.                                                 of the following:
                                                                       (4) Retrievability. The information                       (A) A bank;
                                                                     that a transmittor’s financial institu-                     (B) A wholly-owned domestic sub-
                                                                     tion must retain under paragraphs                         sidiary of a bank chartered in the
                                                                     (e)(1)(i) and (e)(2) of this section shall                United States;
                                                                     be retrievable by the transmittor’s fi-                     (C) A broker or dealer in securities;
                                                                     nancial institution by reference to the                     (D) A wholly-owned domestic sub-
                                                                     name of the transmittor. If the                           sidiary of a broker or dealer in securi-
                                                                     transmittor is an established customer                    ties;
                                                                     of the transmittor’s financial institu-                     (E) A futures commission merchant
                                                                     tion and has an account used for trans-                   or an introducing broker in commod-
                                                                     mittals of funds, then the information                    ities;
                                                                     also shall be retrievable by account                        (F) A wholly-owned domestic sub-
                                                                     number. The information that a recipi-                    sidiary of a futures commission mer-
                                                                     ent’s financial institution must retain                   chant or an introducing broker in com-

skersey on DSK4WB1RN3PROD with CFR
                                                                     under paragraphs (e)(1)(iii) and (e)(3) of                modities;
                                                                     this section shall be retrievable by the                    (G) The United States;
                                                                     recipient’s financial institution by ref-                   (H) A state or local government; or

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                                                                     Financial Crimes Enforc. Network, Treas.                                                       § 1010.410

                                                                       (I) A Federal, State or local govern-                     (2) A receiving financial institution
                                                                     ment agency or instrumentality; or                        that acts as an intermediary financial
                                                                       (J) A mutual fund; and                                  institution, if it accepts a transmittal
                                                                       (ii) Transmittals of funds where both                   order, shall include in a corresponding
                                                                     the transmittor and the recipient are                     transmittal order at the time it is sent
                                                                     the same person and the transmittor’s                     to the next receiving financial institu-
                                                                     financial institution and the recipi-                     tion, the following information, if re-
                                                                     ent’s financial institution are the same                  ceived from the sender:
                                                                     broker or dealer in securities.                             (i) The name and the account number
                                                                       (f) Any transmittor’s financial insti-                  of the transmittor;
                                                                     tution or intermediary financial insti-                     (ii) The address of the transmittor,
                                                                     tution located within the United                          except for a transmittal order through
                                                                     States shall include in any transmittal                   Fedwire until such time as the bank
                                                                     order for a transmittal of funds in the                   that sends the order to the Federal Re-
                                                                     amount of $3,000 or more, information                     serve Bank completes its conversion to
                                                                     as required in this paragraph (f):                        the expanded Fedwire format;
                                                                       (1) A transmittor’s financial institu-                    (iii) The amount of the transmittal
                                                                     tion shall include in a transmittal                       order;
                                                                     order, at the time it is sent to a receiv-                  (iv) The execution date of the trans-
                                                                     ing financial institution, the following                  mittal order;
                                                                     information:                                                (v) The identity of the recipient’s fi-
                                                                       (i) The name and, if the payment is                     nancial institution;
                                                                     ordered from an account, the account                        (vi) As many of the following items
                                                                     number of the transmittor;                                as are received with the transmittal
                                                                       (ii) The address of the transmittor,                    order: 3
                                                                     except for a transmittal order through                      (A) The name and address of the re-
                                                                     Fedwire until such time as the bank                       cipient;
                                                                     that sends the order to the Federal Re-                     (B) The account number of the recipi-
                                                                     serve Bank completes its conversion to                    ent;
                                                                     the expanded Fedwire format;                                (C) Any other specific identifier of
                                                                       (iii) The amount of the transmittal                     the recipient; and
                                                                     order;                                                      (vii) Either the name and address or
                                                                       (iv) The execution date of the trans-                   numerical       identifier       of      the
                                                                     mittal order;                                             transmittor’s financial institution.
                                                                       (v) The identity of the recipient’s fi-                   (3) Safe harbor for transmittals of funds
                                                                     nancial institution;                                      prior to conversion to the expanded
                                                                       (vi) As many of the following items                     Fedwire message format. The following
                                                                     as are received with the transmittal                      provisions apply to transmittals of
                                                                     order: 2                                                  funds effected through the Federal Re-
                                                                       (A) The name and address of the re-                     serve’s Fedwire funds transfer system
                                                                     cipient;                                                  or otherwise by a financial institution
                                                                       (B) The account number of the recipi-                   before the bank that sends the order to
                                                                     ent;                                                      the Federal Reserve Bank or otherwise
                                                                       (C) Any other specific identifier of                    completes its conversion to the ex-
                                                                     the recipient; and                                        panded Fedwire message format.
                                                                       (vii) Either the name and address or                      (i) Transmittor’s financial institution. A
                                                                     numerical       identifier     of     the                 transmittor’s financial institution will
                                                                     transmittor’s financial institution.                      be deemed to be in compliance with the

                                                                       2 For  transmittals of funds effected                     3 For  transmittals of funds effected
                                                                     through the Federal Reserve’s Fedwire funds               through the Federal Reserve’s Fedwire funds
                                                                     transfer system by a financial institution,               transfer system by a financial institution,
                                                                     only one of the items is required to be in-               only one of the items is required to be in-
                                                                     cluded in the transmittal order, if received              cluded in the transmittal order, if received
                                                                     with the sender’s transmittal order, until                with the sender’s transmittal order, until
                                                                     such time as the bank that sends the order                such time as the bank that sends the order

skersey on DSK4WB1RN3PROD with CFR
                                                                     to the Federal Reserve Bank completes its                 to the Federal Reserve Bank completes its
                                                                     conversion to the expanded Fedwire message                conversion to the expanded Fedwire message
                                                                     format.                                                   format.

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                                                                     § 1010.415                                                             31 CFR Ch. X (7–1–25 Edition)

                                                                     provisions of paragraph (f)(1) of this                    nancial institution’s own Bank Secrecy
                                                                     section if it:                                            Act compliance program.
                                                                       (A) Includes in the transmittal order,                     (iii) Obligation of requesting financial
                                                                     at the time it is sent to the receiving                   institution. Any information requested
                                                                     financial institution, the information                    under       paragraph      (f)(3)(i)(B) or
                                                                     specified    in    paragraphs      (f)(1)(iii)            (f)(3)(ii)(B) of this section shall be
                                                                     through (v), and the information speci-                   treated by the requesting institution,
                                                                     fied in paragraph (f)(1)(vi) of this sec-                 once received, as if it had been in-
                                                                     tion to the extent that such informa-                     cluded in the transmittal order to
                                                                     tion has been received by the financial                   which such information relates.
                                                                     institution, and                                             (4) Exceptions. The requirements of
                                                                       (B) Provides the information speci-                     this paragraph (f) shall not apply to
                                                                     fied in paragraphs (f)(1)(i), (ii) and (vii)              transmittals of funds that are listed in
                                                                     of this section to a financial institu-                   paragraph (e)(6) of this section or
                                                                     tion that acted as an intermediary fi-                    § 1020.410(a)(6) of this chapter.
                                                                     nancial institution or recipient’s finan-                 [75 FR 65812, Oct. 26, 2010, as amended at 81
                                                                     cial institution in connection with the                   FR 76864, Nov. 4, 2016]
                                                                     transmittal order, within a reasonable                      EFFECTIVE DATE NOTE: At 89 FR 72274,
                                                                     time after any such financial institu-                    Sept. 4, 2024, § 1010.410 was amended, effective
                                                                     tion makes a request therefor in con-                     Jan. 1, 2026.
                                                                     nection with the requesting financial
                                                                     institution’s receipt of a lawful request                 § 1010.415 Purchases of bank checks
                                                                                                                                     and drafts, cashier’s checks, money
                                                                     for such information from a Federal,                            orders and traveler’s checks.
                                                                     State, or local law enforcement or fi-
                                                                     nancial regulatory agency, or in con-                        (a) No financial institution may issue
                                                                     nection with the requesting financial                     or sell a bank check or draft, cashier’s
                                                                     institution’s own Bank Secrecy Act                        check, money order or traveler’s check
                                                                     compliance program.                                       for $3,000 or more in currency unless it
                                                                       (ii) Intermediary financial institution.                maintains records of the following in-
                                                                     An intermediary financial institution                     formation, which must be obtained for
                                                                     will be deemed to be in compliance                        each issuance or sale of one or more of
                                                                     with the provisions of paragraph (f)(2)                   these instruments to any individual
                                                                     of this section if it:                                    purchaser which involves currency in
                                                                                                                               amounts of $3,000–$10,000 inclusive:
                                                                       (A) Includes in the transmittal order,
                                                                                                                                  (1) If the purchaser has a deposit ac-
                                                                     at the time it is sent to the receiving                   count with the financial institution:
                                                                     financial institution, the information                       (i)(A) The name of the purchaser;
                                                                     specified    in    paragraphs      (f)(2)(iii)               (B) The date of purchase;
                                                                     through (f)(2)(vi) of this section, to the                   (C) The type(s) of instrument(s) pur-
                                                                     extent that such information has been                     chased;
                                                                     received by the intermediary financial                       (D) The serial number(s) of each of
                                                                     institution; and                                          the instrument(s) purchased; and
                                                                       (B) Provides the information speci-                        (E) The amount in dollars of each of
                                                                     fied in paragraphs (f)(2)(i), (ii) and (vii)              the instrument(s) purchased.
                                                                     of this section, to the extent that such                     (ii) In addition, the financial institu-
                                                                     information has been received by the                      tion must verify that the individual is
                                                                     intermediary financial institution, to a                  a deposit accountholder or must verify
                                                                     financial institution that acted as an                    the individual’s identity. Verification
                                                                     intermediary financial institution or                     may be either through a signature card
                                                                     recipient’s financial institution in con-                 or other file or record at the financial
                                                                     nection with the transmittal order,                       institution      provided    the    deposit
                                                                     within a reasonable time after any                        accountholder’s name and address were
                                                                     such financial institution makes a re-                    verified previously and that informa-
                                                                     quest therefor in connection with the                     tion was recorded on the signature card
                                                                     requesting financial institution’s re-                    or other file or record; or by examina-
                                                                     ceipt of a lawful request for such infor-                 tion of a document which is normally

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                                                                     mation from a Federal, State, or local                    acceptable within the banking commu-
                                                                     law enforcement or regulatory agency,                     nity as a means of identification when
                                                                     or in connection with the requesting fi-                  cashing checks for nondepositors and

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