Section 110 – Disclosure of other digital assets of principal.
Effective 5/9/2017 75-11-110. 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 […]
Section 111 – Disclosure of digital assets held in trust when trustee is original user.
Effective 5/9/2017 75-11-111. 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 […]
Section 112 – Disclosure of contents of electronic communications held in trust when trustee not original user.
Effective 5/9/2017 75-11-112. 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 […]
Section 603 – Application to existing relationships.
Effective 5/9/2017 75-10-603. Application to existing relationships. (1) Except as otherwise provided in this chapter, on and after May 9, 2017: (a) this chapter applies to a power of appointment created before, on, or after May 9, 2017; (b) this chapter applies to a judicial proceeding concerning a power of appointment commenced on or after […]
Section 104 – User direction for disclosure of digital assets.
Effective 5/9/2017 75-11-104. User direction for disclosure of digital assets. (1) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify […]
Section 105 – Terms of service agreement.
Effective 5/9/2017 75-11-105. Terms of service agreement. (1) 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. (2) This chapter does not give a fiduciary or designated recipient any new or expanded rights other […]
Section 106 – Procedure for disclosing digital assets.
Effective 5/9/2017 75-11-106. Procedure for disclosing digital assets. (1) When disclosing digital assets of a user under this chapter, the custodian may at the custodian’s sole discretion: (a) grant a fiduciary or designated recipient full access to the user’s account; (b) grant a fiduciary or designated recipient partial access to the user’s account sufficient to […]
Section 107 – Disclosure of content of electronic communications of deceased user.
Effective 5/9/2017 75-11-107. Disclosure of content of electronic communications of deceased user. If a deceased user consented to or a court directs disclosure of the 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 […]
Section 108 – Disclosure of other digital assets of deceased user.
Effective 5/9/2017 75-11-108. 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 […]
Section 109 – Disclosure of content of electronic communications of principal.
Effective 5/9/2017 75-11-109. 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 […]