(1) Each
living trust representative shall make and keep all books and records relating
to the representative's offering and sales of living trusts, including, but not
limited to, the following:
(a) each
written agreement (or copy thereof) entered into by the living trust
representative with a client;
(b) a
complaint file containing each written customer or client complaint, the action
taken by the living trust representative with respect to each complaint, and
all documents related to the complaint;
(c) a
litigation file documenting each criminal or civil action filed in a state or
federal court against the living trust representative, and the disposition of
any such action;
(d) a
correspondence file containing all correspondence to and received from the
public; and
(e) a
file containing a copy of all letters of solicitation to clients with whom a
living trust agreement is executed.
(2) Records made and kept pursuant to (1) shall be maintained and preserved for a
period of at least 5 years.
(3) The
state auditor may copy records made, kept, or preserved pursuant to (1) or
require a living trust representative to copy those records and provide the
copies to the state auditor.
(4) A
living trust representative may make and keep records required to be made and
kept by (1) on a computer, microform, or other electronic data storage system
if the records can be immediately produced in document form.