Sec. 13.63.110. Disclosure of digital assets to conservator of protected person.
(a) After an opportunity for a hearing under AS 13.26.401 – 13.26.595, the superior court may grant a conservator access to the digital assets of a protected person except that, if the conservator is a guardian with the powers and duties of a conservator under AS 13.26.316(c), the superior court may grant the conservator access […]
Sec. 13.63.120. Fiduciary duty and authority.
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user (1) except […]
Sec. 13.63.130. Custodian compliance and immunity.
(a) Not later than 60 days after receipt of the information required under AS 13.63.040 – 13.63.120, 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 […]
Sec. 13.63.140. Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 13.63.150. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes 15 U.S.C. 7001 – 7031 (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
Sec. 13.63.160. Digital assets coverage.
In this chapter, a digital asset does not apply to an underlying asset or liability unless the asset or liability is itself an electronic record. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
Sec. 13.63.170. Application to custodians.
This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
Sec. 13.63.190. Definitions.
In this chapter, (1) “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; (2) “agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney; (3) “carries” means engages […]
Sec. 13.63.195. Short title.
This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act.
Sec. 13.63.100. Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the superior 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 catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in […]