Section 19-1A-11 – (Effective January 1, 2018) Disclosure of Digital Assets Held in Trust When Trustee Is Original User.
Section 19-1A-11 (Effective January 1, 2018) 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 any trustee of a trust of which any trustee is an original user of an account any digital asset of the […]
Section 19-1A-12 – (Effective January 1, 2018) Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User.
Section 19-1A-12 (Effective January 1, 2018) 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 […]
Section 19-1A-13 – (Effective January 1, 2018) Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.
Section 19-1A-13 (Effective January 1, 2018) 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 […]
Section 19-1A-14 – (Effective January 1, 2018) Disclosure of Digital Assets to Conservator of Protected Person.
Section 19-1A-14 (Effective January 1, 2018) Disclosure of digital assets to conservator of protected person. (a) After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a […]
Section 19-1A-15 – (Effective January 1, 2018) Fiduciary Duty and Authority.
Section 19-1A-15 (Effective January 1, 2018) 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 a designated recipient’s authority […]
Section 19-1A-16 – (Effective January 1, 2018) Custodian Compliance and Immunity.
Section 19-1A-16 (Effective January 1, 2018) Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under Sections 19-1A-7 to 19-1A-15, inclusive, 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 […]
Section 19-1A-17 – (Effective January 1, 2018) Uniformity of Application and Construction.
Section 19-1A-17 (Effective January 1, 2018) 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. (Act 2017-316, §1.)
Section 19-1A-18 – (Effective January 1, 2018) Relation to Electronic Signatures in Global and National Commerce Act.
Section 19-1A-18 (Effective January 1, 2018) 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 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 […]
Section 19-1A-8 – (Effective January 1, 2018) Disclosure of Other Digital Assets of Deceased User.
Section 19-1A-8 (Effective January 1, 2018) 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 […]
Section 19-1A-9 – (Effective January 1, 2018) Disclosure of Content of Electronic Communications of Principal.
Section 19-1A-9 (Effective January 1, 2018) 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 […]