Section 55-19-22 – Request for termination of user’s account.
55-19-22. Request for termination of user’s account. The fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1)If the user is deceased, a certified copy of the death certificate of the user; (2)A certified […]
Section 55-19-23 – Custodian compliance.
55-19-23.Custodian compliance. A custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account not later than sixty days after receipt of information required under this chapter. A fiduciary or designated recipient may apply to a court for an order directing compliance if […]
Section 55-19-24 – Custodian notice to user.
55-19-24. Custodian notice to user. A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. Source: SL 2017, ch 209, §24.
Section 55-19-25 – Denial by custodian of request for disclosure or termination.
55-19-25. Denial by custodian of request for disclosure or termination. A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request. Source: […]
Section 55-19-26 – Custodian’s ability to require court order.
55-19-26. Custodian’s ability to require court order. This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that specifies that an account belongs to the protected person or principal, specifies that there is sufficient consent from […]
Section 55-19-27 – Custodian immunity.
55-19-27. Custodian immunity. A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. Source: SL 2017, ch 209, §27.
Section 55-19-19 – Fiduciary as authorized user for purposes of computer fraud or unauthorized access law.
55-19-19. Fiduciary as authorized user for purposes of computer fraud or unauthorized access law. A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of any computer fraud or unauthorized computer access law. Source: SL 2017, ch […]
Section 55-19-20 – Fiduciary right of access to digital asset.
55-19-20. Fiduciary right of access to digital asset. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor has the right to access the property and any digital asset stored in it, and is an authorized user for the purpose of any computer fraud or unauthorized computer access […]
Section 55-19-21 – Disclosure of information by custodian to fiduciary.
55-19-21. Disclosure of information by custodian to fiduciary. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. Source: SL 2017, ch 209, §21.
Section 55-19-12 – Disclosure of contents of electronic communications held in trust when trustee not original user.
55-19-12. 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 received […]