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 […]
32-39-2-1. User Direction Concerning Disclosure of Digital Asset
Sec. 1. (a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user’s digital assets: (1) to disclose; or (2) not to disclose; some or all of the user’s digital assets, including the content of electronic communications to a designated recipient. If the online tool […]
32-39-1-14. “Fiduciary”
Sec. 14. As used in this article, “fiduciary” means: (1) an attorney in fact; (2) a guardian; (3) a personal representative; or (4) a trustee. The term includes an additional or successor attorney in fact, guardian, personal representative, or trustee as well as an original attorney in fact, guardian, personal representative, or trustee. As added […]
32-39-1-15. “Guardian”
Sec. 15. As used in this article, “guardian” means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian. As added by P.L.137-2016, SEC.14.
32-39-1-16. “Information”
Sec. 16. As used in this article, “information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. As added by P.L.137-2016, SEC.14.
32-39-1-17. “Online Tool”
Sec. 17. As used in this article, “online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. As added by P.L.137-2016, SEC.14.
32-39-1-18. “Person”
Sec. 18. As used in this article, “person” means: (1) an individual; (2) an estate; (3) a business or nonprofit entity; (4) a public corporation; (5) a government or subdivision, agency, or instrumentality of a government; or (6) another legal entity. As added by P.L.137-2016, SEC.14.