Section 15-612 – Disclosure of Catalogue of Electronic Communication and Assets of User — to Trustee Not Original User; Requirements
Unless otherwise ordered by a court, directed by a user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user or stored, carried, or maintained by the custodian in an […]
Section 15-613 – Disclosures to Guardians of Protected Persons
(a) After an opportunity for hearing under Title 13, Subtitle 2 or Title 13, Subtitle 7 of this article, a court may grant a guardian access to the digital assets of the protected person for whom the guardian has been appointed. (b) Unless otherwise ordered by a court or directed by a user, a custodian shall disclose […]
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 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 15-609 – Disclosures by Custodian by Agent — Catalogue of Electronic Communications
Unless otherwise ordered by a court, directed by a principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other […]