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 […]
32-39-1-10. “Digital Asset”
Sec. 10. As used in this article, “digital asset” means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. As added by P.L.137-2016, SEC.14.
32-39-1-26. “Trustee”
Sec. 26. As used in this article, “trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. As added by P.L.137-2016, SEC.14.
32-39-1-11. “Electronic”
Sec. 11. As used in this article, “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. As added by P.L.137-2016, SEC.14.
32-39-1-27. “User”
Sec. 27. As used in this article, “user” means a person that has an account with a custodian. As added by P.L.137-2016, SEC.14.
32-39-1-12. “Electronic Communication”
Sec. 12. As used in this article, “electronic communication” has the meaning set forth in 18 U.S.C. 2510(12). As added by P.L.137-2016, SEC.14.