Section 521A.14 — Disclosure Of Digital Assets To Conservator Of Protected Person.
521A.14 DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF PROTECTED PERSON. (a) After an opportunity for a hearing under chapter 524, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the […]
Section 521A.15 — Fiduciary Duty And Authority.
521A.15 FIDUCIARY DUTY AND AUTHORITY. (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 […]
Section 521A.16 — Custodian Compliance And Immunity.
521A.16 CUSTODIAN COMPLIANCE AND IMMUNITY. (a) Not later than 60 days after receipt of the information required under sections 521A.07 to 521A.15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or […]
Section 521A.17 — Uniformity Of Application And Construction.
521A.17 UNIFORMITY OF APPLICATION AND CONSTRUCTION. 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 it. History: 2016 c 135 art 2 s 18
Section 521A.18 — Relation To Electronic Signatures In Global And National Commerce Act.
521A.18 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section 7001(c), or […]
Section 521A.19 — Severability.
521A.19 SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: 2016 […]
Section 521A.01 — Short Title.
521A.01 SHORT TITLE. This chapter may be cited as the “Revised Uniform Fiduciary Access to Digital Assets Act.” History: 2016 c 135 art 2 s 2
Section 521A.02 — Definitions.
521A.02 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to this chapter. Subd. 2. Account. “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. Subd. 3. Agent. “Agent” means an […]
Section 521A.03 — Applicability.
521A.03 APPLICABILITY. (a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney; (2) a personal representative acting for a decedent; (3) a conservatorship proceeding; and (4) a trustee acting under a trust. (b) This chapter applies to a custodian if the user resides in this state or resided in […]