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.
13-A-3.2 – Disclosure of Other Digital Assets of Deceased User
§ 13-A-3.2 Disclosure of other digital assets of deceased user Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the executor, administrator or personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, […]
13-4.10 – Terms, Conditions, and Forms
§ 13-4.10 Terms, conditions, and forms (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registration in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and […]
13-4.11 – Rules of Construction
§ 13-4.11 Rules of construction (a) This part 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 part among states enacting it. (b) Unless displaced by the particular provisions of this part, the principles of law and equity […]
13-4.12 – Application
§ 13-4.12 Application This part applies to registrations of securities in beneficiary form made before, on or after January first, two thousand six, by decedents dying on or after January first, two thousand six.
13-A-1 – Defintions.
§ 13-A-1 Definitions In this article the following terms shall have the following meanings: (a) “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. (b) “Agent” means a person granted authority to […]
13-A-2.1 – Applicability.
§ 13-A-2.1 Applicability (a) This article applies to: (1) a fiduciary acting under a will, trust or power of attorney executed before, on, or after the effective date of this article; (2) an executor, administrator or personal representative acting for a decedent who died before, on, or after the effective date of this article; (3) […]