Section 16-110 – Terms, Conditions, and Forms for Registration
(a) (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for: (i) Registrations in beneficiary form; and (ii) Implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. (2) The […]
Section 15-614 – Rights and Duties of Fiduciaries
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of care; (2) The duty of loyalty; and (3) The duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (1) Except as otherwise provided in § 15–603 […]
Section 16-111 – Short Title; Rules of Construction
(a) This title may be cited as the Maryland Uniform TOD Security Registration Act. (b) This title shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this title among states enacting it. (c) Unless displaced by the particular provisions of this title, […]
Section 15-615 – Compliance With Request for Disclosure of Assets or Termination of Account From Fiduciary or Designated Recipient
(a) (1) No later than 60 days after receipt of the information required under §§ 15–606 through 15–613 of this subtitle, a custodian shall comply with a request under this subtitle from a fiduciary or designated recipient to disclose digital assets or terminate an account. (2) If the custodian fails to comply with the request, the fiduciary or […]
Section 15-616 – Construction With Revised Uniform Fiduciary Access to Digital Assets Act as Adopted by Other States
In applying and construing this subtitle, consideration shall 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.
Section 15-617 – Construction With Federal Electronic Signatures in Global and National Commerce Act
This subtitle modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
Section 15-618 – Applicability
This subtitle applies to: (1) A fiduciary acting under a will or power of attorney executed before, on, or after October 1, 2016; (2) A personal representative acting for a decedent who died before, on, or after October 1, 2016; (3) A guardianship proceeding, whether pending in a court or commenced before, on, or after October 1, 2016; […]
Section 15-619 – Severability
If a provision of this subtitle or its application to a person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this subtitle that can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
Section 15-620 – Short Title
This subtitle may be cited as the Maryland Fiduciary Access to Digital Assets Act.
Section 15-605 – Disclosure of Digital Assets
(a) When disclosing the digital assets of a user under this subtitle, a custodian may in its sole discretion: (1) Grant a fiduciary or designated recipient full access to the user’s account; (2) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is […]