Section 46-13-6 – Procedure for disclosing digital assets.
A. When disclosing digital assets of a user under the Revised Uniform Fiduciary Access to Digital Assets Act, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the […]
Section 46-13-7 – Disclosure of content of electronic communications of deceased user.
If a deceased user consented to, 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. a written […]
Section 46-13-8 – Disclosure of other digital assets of a 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 […]
Section 46-13-1 – Short title.
Sections 1 through 18 of this act [46-13-1 to 46-13-18 NMSA 1978] may be cited as the “Revised Uniform Fiduciary Access to Digital Assets Act”. History: Laws 2017, ch. 72, § 1. ANNOTATIONS Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 1 effective January 1, 2018.
Section 46-13-2 – Definitions.
As used in the Revised Uniform Fiduciary Access to Digital Assets Act: A. “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; B. “agent” means an attorney-in-fact granted authority under a durable […]
Section 46-13-3 – Applicability.
A. The Revised Uniform Fiduciary Access to Digital Assets Act applies to: (1) a fiduciary acting under a will or power of attorney executed before, on or after July 1, 2017; (2) a personal representative acting for a decedent who died before, on or after July 1, 2017; (3) a conservatorship proceeding commenced before, on […]
Section 46-13-4 – User direction for disclosure of digital assets.
A. 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 […]
Section 46-13-5 – Terms-of-service agreement.
A. The Revised Uniform Fiduciary Access to Digital Assets Act 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. B. The Revised Uniform Fiduciary Access to Digital Assets Act does not give a fiduciary or designated recipient any […]