Section 33-27.1-14. – Disclosure of digital assets to guardian or conservator of protected person.
§ 33-27.1-14. Disclosure of digital assets to guardian or conservator of protected person. (a) After an opportunity for a hearing under chapter 15 of title 33, the court may grant a guardian or conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, […]
Section 33-27.1-15. – Fiduciary duty and authority.
§ 33-27.1-15. 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 […]
Section 33-27.1-16. – Custodian compliance and immunity.
§ 33-27.1-16. Custodian compliance and immunity. (a) Not later than sixty (60) days after receipt of the information required under §§ 33-27.1-7 through 33-27.1-15, 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 […]
Section 33-27.1-17. – Uniformity of application and construction.
§ 33-27.1-17. Uniformity of application and construction. In applying and construing this uniform act, 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 of Section.P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
Section 33-27.1-18. – Relation to Electronic Signatures in Global and National Commerce Act.
§ 33-27.1-18. 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. 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in […]
Section 33-27.1-19. – Severability.
§ 33-27.1-19. 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 […]
Section 33-27.1-13. – Disclosure of other digital assets held in trust when trustee is not original user.
§ 33-27.1-13. Disclosure of other digital assets held in trust when trustee is 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 who or that is not an original user of an account, a catalogue of electronic communications sent […]
Section 33-27.1-3. – Applicability.
§ 33-27.1-3. Applicability. (a) This chapter applies to: (1) A fiduciary acting under a will or power of attorney executed before, on, or after July 15, 2019; (2) A personal representative acting for a decedent who died before, on, or after July 15, 2019; (3) A guardian or conservator appointed before, on, or after July […]
Section 33-27.1-4. – User direction for disclosure of digital assets.
§ 33-27.1-4. User direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete […]
Section 33-27.1-5. – Terms-of-service agreement.
§ 33-27.1-5. Terms-of-service agreement. (a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the […]