Section 28-5301 – SHORT TITLE.
28-5301. SHORT TITLE. This chapter shall be known and may be cited as the "Digital Assets Act." History: [28-5301, added 2022, ch. 284, sec. 1, p. 901.]
28-5301. SHORT TITLE. This chapter shall be known and may be cited as the "Digital Assets Act." History: [28-5301, added 2022, ch. 284, sec. 1, p. 901.]
28-5302. SCOPE. This chapter defines the legal status of digital assets. Digital assets are subject to applicable laws or rules that apply to their business or activity. History: [28-5302, added 2022, ch. 284, sec. 1, p. 901.]
28-5303. DEFINITIONS. As used in this chapter: (1) "Adverse claim" means a claimant that has a property interest in a virtual currency or a right to payment evidenced by the virtual currency. (2) "Control" means the ability to exclude others from the use of property and includes the following: (a) A secured party, or an […]
28-5304. CLASSIFICATION OF DIGITAL ASSETS. Digital assets are intangible personal property and are classified as follows: (1) Digital assets are intangible personal property and are general intangibles as defined in section 28-9-102, Idaho Code. (2) Digital securities are intangible personal property and are investment property as defined in section 28-9-102, Idaho Code. (3) Virtual currency […]
28-5305. PURCHASE AND SALE. (1) Digital assets may be purchased and sold in the same manner and subject to the same laws of this state as other personal property. A purchaser or seller may be identified in any way including by name, identifying number, private key, office, or account number. (2) Except as provided in […]
28-5306. PERFECTION BY POSSESSION OR CONTROL. (1) Perfection by possession creates a possessory security interest under section 28-9-301, Idaho Code. (2) A security interest held by a secured party having possession or control has priority over a security interest held by a secured party that does not have possession or control, as applicable. Other provisions […]