Section 55-19-6 – Procedure for disclosing digital assets.
55-19-6. Procedure for disclosing digital assets. If a custodian discloses digital assets of a user under this chapter, the custodian may, at the custodian’s sole discretion: (1)Grant a fiduciary or designated recipient full access to the user’s account; (2)Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform any task […]
Section 55-19-7 – Disclosure of content of electronic communications of deceased user.
55-19-7.Disclosure of content of electronic communications of deceased user. If a deceased user consented to or a court directs disclosure of contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if […]
Section 55-19-8 – Disclosure of other digital assets of deceased user.
55-19-8. 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 personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content […]
Section 55-19-9 – Disclosure of content of electronic communications of principal.
55-19-9. 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 agent […]
Section 55-19-10 – Disclosure of other digital assets of principal.
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 […]
Section 55-19-11 – Disclosure of digital assets held in trust when trustee is original user.
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 […]
Section 55-18-25 – Liability of notifier.
55-18-25. Liability of notifier. No notifier is liable for undertaking any additional notification or seeking additional consent than required by law or the governing instrument. Source: SL 2017, ch 208, §25.
Section 55-18-26 – Liability of fiduciary.
55-18-26. Liability of fiduciary. No fiduciary is liable for reliance on the outcome or resolution of any proceeding conducted under this chapter, unless the fiduciary knowingly disregarded the lack of a representative’s authority to act with regard to the matter in question. Source: SL 2017, ch 208, §26.
Section 55-19-1 – Definitions.
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 […]
Section 55-18-18 – Compensation of representative.
55-18-18. Compensation of representative. A representative is entitled to reasonable compensation as determined by the trustee except as otherwise provided in the governing instrument. Source: SL 2017, ch 208, §18.