Section 19-1A-1 – (Effective January 1, 2018) Short Title.
Section 19-1A-1 (Effective January 1, 2018) Short title. This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act. (Act 2017-316, §1.)
Section 19-1A-10 – (Effective January 1, 2018) Disclosure of Other Digital Assets of Principal.
Section 19-1A-10 (Effective January 1, 2018) 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 […]
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-2 – (Effective January 1, 2018) Definitions.
Section 19-1A-2 (Effective January 1, 2018) Definitions. In this chapter, the following terms have the following meanings: (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 a person […]
Section 19-1A-3 – (Effective January 1, 2018) Applicability.
Section 19-1A-3 (Effective January 1, 2018) Applicability. (a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after October 1, 2016; (2) a personal representative acting for a decedent who died before, on, or after October 1, 2016; (3) a conservatorship proceeding commenced before, on, […]
Section 19-1A-4 – (Effective January 1, 2018) User Direction for Disclosure of Digital Assets.
Section 19-1A-4 (Effective January 1, 2018) User direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose to the 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 […]
Section 19-1A-5 – (Effective January 1, 2018) Terms-of-Service Agreement.
Section 19-1A-5 (Effective January 1, 2018) Terms-of-service agreement. (a) 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. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than […]
Section 19-1A-6 – (Effective January 1, 2018) Procedure for Disclosing Digital Assets.
Section 19-1A-6 (Effective January 1, 2018) Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this chapter, 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 […]
Section 19-1A-7 – (Effective January 1, 2018) Disclosure of Content of Electronic Communications of Deceased User.
Section 19-1A-7 (Effective January 1, 2018) 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 deceased user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication […]
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 […]