§ 53-13-17. Disclosure by Custodians to Trustees
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. History. Code 1981, § 53-13-17 […]
§ 53-13-18. Trustee’s Requirements for Disclosure by Custodian
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 electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the […]
§ 53-13-19. Disclosure to Trustee of Electronic Communications
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 sent or received by an original or successor user and stored, carried, or maintained by the custodian in an […]
§ 53-13-20. Access to Digital Assets by Conservator
After an opportunity for a hearing under subsection (b) or (c) of Code Section 29-3-22 or under subsection (b) or (c) of Code Section 29-5-23, the court may grant a conservator access to the digital assets of a protected person. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose […]
§ 53-13-30. Fiduciary Duties Apply to Digital Assets; Disclosure to Fiduciaries; Termination of Accounts
The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including the duty of care, loyalty, and confidentiality. A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: Except as otherwise provided in Code Section 53-13-10, shall be subject to the […]
§ 53-13-1. Short Title
This chapter shall be known and may be cited as the “Revised Uniform Fiduciary Access to Digital Assets Act.” History. Code 1981, § 53-13-1 , enacted by Ga. L. 2018, p. 1089, § 1/SB 301.
§ 53-13-31. Time for Custodian’s Compliance With Disclosure Requests; Court Order for Compliance
Not later than 60 days after receipt of the information required under Code Sections 53-13-13 through 53-13-30, 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 […]
§ 53-13-2. Definitions
As used in this chapter, the term: “Account” means an arrangement under a terms-of-service agreement in which a custodian provides goods or services to the user. “Agent” means an attorney in fact granted authority under a durable or nondurable power of attorney, including a person granted authority to act in the place of an individual […]
§ 53-13-40. Construction With Federal Provisions
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall 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 act, 15 […]
§ 53-13-3. Application
This chapter shall apply to a: Fiduciary acting under a will or power of attorney; Personal representative acting for a decedent; Conservatorship; and Trustee. This chapter shall apply to a custodian if the user resides in this state or resided in this state at the time of the user’s death. This chapter shall not apply […]