55-19-1. Definitions. Terms used in this chapter mean: (1)”Account,” any 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; (2)”Agent,” any attorney-in-fact granted authority under a power of attorney pursuant to chapter 59-12 or nondurable […]
55-19-10. 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 or […]
55-19-11. 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 of […]
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 […]
55-19-13. 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 an […]
55-19-14. Disclosure of assets to conservator of protected person. After an opportunity for a hearing under chapter 29A-5, a court may grant a conservator access to the digital assets of a protected person. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic […]
55-19-15. Suspension or termination of account of protected person. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be […]
55-19-16. Fiduciary duties. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: the duty of care, the duty of loyalty, and the duty of confidentiality. Source: SL 2017, ch 209, §16.
55-19-17. Fiduciary authority generally. A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (1)Is subject to the applicable terms of service except as otherwise provided in §55-19-4; (2)Is subject to other applicable law, including copyright law; (3)Is limited by the scope of the fiduciary’s duties, if a fiduciary; and […]
55-19-18. Fiduciary right of access to digital asset not held by custodian or subject to terms-of-service agreement. A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and […]
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 […]
55-19-2. Applicability generally. The provisions of this chapter apply to: (1)Any fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; (2)Any personal representative acting for a decedent who died before, on, or after July 1, 2017; (3)Any conservatorship proceeding commenced before, on, or after July 1, 2017; […]
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 […]
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.
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 […]
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 […]
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.
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: […]
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 […]
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.
