13-A-3.3 – Disclosure of Content of Electronic Communications of Principal
§ 13-A-3.3 Disclosure of content of electronic communications of principal To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the […]
13-A-3.4 – Disclosure of Other Digital Assets of Principal
§ 13-A-3.4 Disclosure of other digital assets of principal Unless otherwise ordered by the court, directed by the 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 […]
13-A-3.5 – Disclosure of Digital Assets Held in Trust When Trustee Is Original User
§ 13-A-3.5 Disclosure of digital assets held in trust when trustee is original user Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications […]
13-A-3.6 – Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User
§ 13-A-3.6 Disclosure of contents of electronic communications held in trust when trustee not original user Unless otherwise ordered by the court, directed by the user, or provided in a 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 […]
13-A-3.7 – Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User
§ 13-A-3.7 Disclosure of other digital assets held in trust when trustee not original user Unless otherwise ordered by the court, directed by the 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 […]
13-A-3.8 – Disclosure of Digital Assets to Guardian of Ward
§ 13-A-3.8 Disclosure of digital assets to guardian of ward (a) After an opportunity for a hearing concerning the appointment or authority of a guardian, the court may grant a guardian access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose […]
13-A-4.1 – Fiduciary Duty and Authority
§ 13-A-4.1 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 […]
13-A-4.2 – Custodian Compliance and Immunity
§ 13-A-4.2 Custodian compliance and immunity (a) Not later than sixty days after receipt of the information required under sections 13-A-3.1 through 13-A-4.1, a custodian shall comply with a request under this article from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary […]
13-A-5.1 – Relation to Electronic Signature in Global and National Commerce Act
§ 13-A-5.1 Relation to electronic signature in global and national commerce act This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of such act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any […]
13-A-5.2 – Severability
§ 13-A-5.2 Severability If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.