Rule 4:53-9.Destruction of records

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:53-9 lets a court authorize destruction of a discharged receivership's or trusteeship's books and records, but only after notice to all interested parties and the state and federal tax authorities, and only after any required microfilm copies are made.

Full Text of Rule 4:53-9

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When an order is entered discharging a permanent or temporary custodial or statutory receiver or trustee, or thereafter, the court may authorize all of the books, records and papers of the corporation or partnership for which such receiver or trustee acted, and all financial papers and records in the hands of the trustee or receiver relating to the administration to be destroyed on or after a date to be fixed in such order. If the need appears, the court may require, as a condition of such destruction, that microfilm copies of said documents be prepared before the documents may be destroyed. No destruction shall be authorized, however, unless it appears that notice of the application has been given to all parties in interest, to the Commissioner of Internal Revenue of the United States and to the Division of Taxation, Department of the Treasury.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:68-10(a) (b) (c) (d); amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

A wound-down receivership or trusteeship does not have to keep its paperwork forever. Once (or after) an order discharges the receiver or trustee, the court may authorize destroying the entity's books, records, and papers, along with the fiduciary's own administrative records, from a date the order sets.

That authorization comes with safeguards: if the court thinks it necessary, it can require microfilm copies made before anything is destroyed, and destruction can never be authorized unless every interested party, the Commissioner of Internal Revenue, and the state Division of Taxation have received notice of the application.

Frequently Asked Questions

Can a receiver's records be destroyed right after discharge?

Yes, once an order discharges the receiver or trustee, or at any point after, the court may authorize destruction of the records, subject to notice requirements.

Who must be notified before receivership records can be destroyed?

All parties in interest, the Commissioner of Internal Revenue, and the state Division of Taxation, Department of the Treasury.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:53-9). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: destroying receivership records