§ 91-23-1. Short title
This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act.
§ 91-23-11. Procedure for disclosing digital assets
When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: Grant a fiduciary or designated recipient full access to the user’s account; Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; […]
§ 91-23-13. Disclosure of content of electronic communications of deceased user
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: A written request for […]
§ 91-23-15. Disclosure of other digital assets of deceased user
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative […]
§ 91-23-17. Disclosure of content of electronic communications of principal
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: A written request for disclosure in […]
§ 91-23-19. Disclosure of other digital assets of principal
Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other […]
§ 91-23-21. Disclosure of digital assets held in trust when trustee is original user
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
§ 91-23-23. Disclosure of contents of electronic communications held in trust when trustee not original user
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the […]
§ 91-23-25. Disclosure of other digital assets held in trust when trustee not original user
Disclosure of other digital assets held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original […]
§ 91-23-27. Disclosure of digital assets to conservator of protected person
After an opportunity for a hearing under Chapter 13, Title 93, Mississippi Code of 1972, the court may grant a conservator access to the digital assets of a protected person. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or […]
§ 91-23-29. Fiduciary duty and authority
The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: The duty of care; The duty of loyalty; and The duty of confidentiality. A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: Except as otherwise provided in Section 91-23-7, […]
§ 91-23-3. Definitions
In this chapter the following terms shall have the meanings ascribed in this section, unless the context clearly requires otherwise: “Account” means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. “Agent” […]
§ 91-23-31. Custodian compliance and immunity
Not later than sixty (60) days after receipt of the information required under Sections 91-23-13 through 91-23-29, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to […]
§ 91-23-33. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 91-23-35. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 USC Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USC […]
§ 91-23-5. Applicability
This chapter applies to: A fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; A personal representative acting for a decedent who died before, on, or after July 1, 2017; A conservatorship proceeding commenced before, on, or after July 1, 2017; and A trustee acting under a […]
§ 91-23-7. User direction for disclosure of digital assets
A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure […]
§ 91-23-9. Terms-of-service agreement
This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose […]