32-39-2-6. Disclosure to Principal’s Attorney in Fact of Content of Principal’s Electronic Communications
Sec. 6. To the extent that a power of attorney expressly grants an attorney in fact authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or a court, a custodian shall disclose to the principal’s attorney in fact the content of the electronic communications […]
32-39-2-7. Disclosure to Principal’s Attorney in Fact of Principal’s Other Digital Assets
Sec. 7. Unless otherwise ordered by a court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an attorney in fact having specific authority over the principal’s digital assets or general authority to act on behalf of the principal a catalogue of electronic communications sent or received by […]
32-39-2-8. Disclosure of Digital Assets Held in Trust to Trustee That Is an Original User
Sec. 8. Unless otherwise ordered by a court or provided in the trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account that is held in trust, including: (1) a catalogue of electronic communications of the trustee; and (2) the content of the […]
32-39-2-9. Disclosure of Contents of Electronic Communications Held in Trust to Trustee That Is Not an Original User
Sec. 9. Unless otherwise ordered by a court, directed by the user, or provided in the 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 user or a successor user and carried, maintained, processed, received, […]
32-39-2-10. Disclosure of Other Digital Assets Held in Trust to Trustee That Is Not an Original User
Sec. 10. Unless otherwise ordered by the court, directed by the user, or provided in the trust, a custodian shall disclose, to a trustee that is not an original user of the account, a catalogue of electronic communications sent or received by an original user or successor user and stored, carried, or maintained by the […]
32-39-2-11. Disclosure of Digital Assets to Guardian of Protected Person
Sec. 11. (a) After an opportunity for a hearing under IC 29-3, a court may grant a guardian access to the digital assets of the protected person. (b) Unless otherwise ordered by a court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by […]
32-39-2-12. Duties and Authority of Fiduciary With Respect to Digital Assets of Decedent, Protected Person, Principal, or Settlor
Sec. 12. (a) The legal duties imposed on a fiduciary charged with managing tangible property, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality; also apply to a fiduciary charged with managing digital assets. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset […]
32-39-2-13. Custodian Compliance With Request for Disclosure of Digital Assets or Termination of Account; Immunity From Liability
Sec. 13. (a) Not more than sixty (60) days after receipt of the information required under sections 4 through 11 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient for: (1) the disclosure of digital assets; or (2) the termination of an account. If the […]
32-39-2-14. Consideration of Need for Uniformity Among Enacting States
Sec. 14. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Fiduciary Access to Digital Assets Act. As added by P.L.137-2016, SEC.14.
32-39-2-15. Relation to Electronic Signatures in Global and National Commerce Act
Sec. 15. This chapter: (1) modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; but (2) does not: (A) modify, limit, or supersede Section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001(c); or (B) authorize electronic delivery of any of […]