Section 46-13-10 – 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 […]
Section 46-12-125 – Settlor.
A. For purposes of New Mexico law other than the Uniform Trust Decanting Act and subject to Subsection B of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of […]
Section 46-12-126 – Later-discovered property.
A. Except as otherwise provided in Subsection C of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of […]
Section 46-12-127 – Obligations.
A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. History: Laws 2016, ch. 72, § 1-127. ANNOTATIONS Effective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust […]
Section 46-12-128 – Uniformity of application and construction.
In applying and construing the Uniform Trust Decanting Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2016, ch. 72, § 1-128. ANNOTATIONS Effective dates. — Laws 2016, ch. 72, § 3-101 made the Uniform Trust Decanting […]
Section 46-12-129 – Relation to Electronic Signatures in Global and National Commerce Act.
The Uniform Trust Decanting Act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that […]
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 […]