18-C §10-101. Short title
§10-101. Short title This Article may be known and cited as “the Maine Revised Uniform Fiduciary Access to Digital Assets Act.” [PL 2019, c. 417, Pt. A, §107 (NEW).] SECTION HISTORY PL 2019, c. 417, Pt. A, §107 (NEW).
18-C §10-102. Definitions
§10-102. Definitions As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 417, Pt. A, §107 (NEW).] 1. Account. “Account” means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of a […]
18-C §10-103. Applicability
§10-103. Applicability 1. Applicable date. This Act applies to: A. A fiduciary or agent acting under a will or power of attorney executed before, on or after July 1, 2018; [PL 2019, c. 417, Pt. A, §107 (NEW).] B. A personal representative acting for a decedent who died before, on or after July […]
18-C §10-104. User direction for disclosure of digital assets
§10-104. User direction for disclosure of digital assets 1. Use of online tool. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user […]
18-C §10-105. Terms of service agreement
§10-105. Terms of service agreement 1. Rights of custodian or user not changed or impaired. This Act 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. [PL 2019, c. 417, Pt. A, §107 (NEW).] 2. […]
18-C §10-106. Procedure for disclosing digital assets
§10-106. Procedure for disclosing digital assets 1. Disclosure at discretion of custodian. When disclosing digital assets of a user under this Act, the custodian may at its sole discretion: A. Grant a fiduciary or designated recipient full access to the user’s account; [PL 2019, c. 417, Pt. A, §107 (NEW).] B. Grant a […]
18-C §10-107. Disclosure of content of electronic communications of deceased user
§10-107. Disclosure of content of electronic communications of deceased user If a deceased user consented to or a court directs disclosure of the content 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 if the representative gives the […]
18-C §10-108. Disclosure of other digital assets of deceased user
§10-108. 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 catalog of electronic communications sent or received by the user and digital assets, other than the content […]
18-C §10-109. Disclosure of content of electronic communications of principal
§10-109. 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 of electronic communications […]
18-C §10-110. Disclosure of other digital assets of principal
§10-110. 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 catalog of electronic communications sent or […]
18-C §10-111. Disclosure of digital assets held in trust when trustee is original user
§10-111. 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 catalog of electronic communications of […]
18-C §10-112. Disclosure of content of electronic communications held in trust when trustee is not original user
§10-112. Disclosure of content of electronic communications 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 that is not an original user of an account the content of an electronic communication sent or […]
18-C §10-113. Disclosure of other digital assets held in trust when trustee is not original user
§10-113. 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 that is not an original user of an account a catalog of electronic communications sent or received by […]
18-C §10-114. Disclosure of digital assets to conservator of protected person
§10-114. Disclosure of digital assets to conservator of protected person 1. Court order granting access. After an opportunity for a hearing under Article 5, Part 4, the court may grant a conservator access to the digital assets of a protected person. [PL 2019, c. 417, Pt. A, §107 (NEW).] 2. Disclosure by custodian. Unless […]
18-C §10-115. Fiduciary duty and authority
§10-115. Fiduciary duty and authority 1. Fiduciary’s legal duties. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: A. The duty of care; [PL 2019, c. 417, Pt. A, §107 (NEW).] B. The duty of loyalty; and [PL 2019, c. 417, […]
18-C §10-116. Custodian compliance and immunity
§10-116. Custodian compliance and immunity 1. Disclose or terminate upon request; court order. Not later than 60 days after receipt of the information required under sections 10‑107 to 10‑115, a custodian shall comply with a request under this Act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the […]
18-C §10-117. Uniformity of application and construction
§10-117. Uniformity of application and construction In applying and construing this 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. [PL 2019, c. 417, Pt. A, §107 (NEW).] SECTION HISTORY PL 2019, c. 417, Pt. A, §107 (NEW).
18-C §10-118. Relation to Electronic Signatures in Global and National Commerce Act
§10-118. Relation to Electronic Signatures in Global and National Commerce Act This Act modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authorize […]