Section 521A.01 — Short Title.
521A.01 SHORT TITLE. This chapter may be cited as the “Revised Uniform Fiduciary Access to Digital Assets Act.” History: 2016 c 135 art 2 s 2
Section 521A.02 — Definitions.
521A.02 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to this chapter. Subd. 2. 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 the user or provides goods or services to the user. Subd. 3. Agent. “Agent” means an […]
Section 521A.03 — Applicability.
521A.03 APPLICABILITY. (a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney; (2) a personal representative acting for a decedent; (3) a conservatorship proceeding; and (4) a trustee acting under a trust. (b) This chapter applies to a custodian if the user resides in this state or resided in […]
Section 521A.04 — User Direction For Disclosure Of Digital Assets.
521A.04 USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS. (a) 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 to modify or delete […]
Section 521A.05 — Terms-of-service Agreement.
521A.05 TERMS-OF-SERVICE AGREEMENT. (a) 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. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user […]
Section 521A.06 — Procedure For Disclosing Digital Assets.
521A.06 PROCEDURE FOR DISCLOSING DIGITAL ASSETS. (a) When disclosing digital assets of a user under this chapter, the custodian may, at its 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 the tasks […]
Section 521A.07 — Disclosure Of Content Of Electronic Communications Of Deceased User.
521A.07 DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER. If a deceased user consented or a court directs disclosure of the content of an electronic communication 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 […]
Section 521A.08 — Disclosure Of Other Digital Assets Of Deceased User.
521A.08 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 […]
Section 521A.09 — Disclosure Of Content Of Electronic Communications Of Principal.
521A.09 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 521A.10 — Disclosure Of Other Digital Assets Of Principal.
521A.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 catalog of electronic communications sent or […]
Section 521A.11 — Disclosure Of Digital Assets Held In Trust When Trustee Is Original User.
521A.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 catalog of electronic communications of […]
Section 521A.12 — Disclosure Of Content Of Electronic Communications Held In Trust When Trustee Not Original User.
521A.12 DISCLOSURE OF CONTENT 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 […]
Section 521A.13 — Disclosure Of Other Digital Assets Held In Trust When Trustee Not Original User.
521A.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 catalog of electronic communications sent or received by an […]
Section 521A.14 — Disclosure Of Digital Assets To Conservator Of Protected Person.
521A.14 DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF PROTECTED PERSON. (a) After an opportunity for a hearing under chapter 524, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the […]
Section 521A.15 — Fiduciary Duty And Authority.
521A.15 FIDUCIARY DUTY AND AUTHORITY. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s or designated recipient’s authority with respect to a digital asset […]
Section 521A.16 — Custodian Compliance And Immunity.
521A.16 CUSTODIAN COMPLIANCE AND IMMUNITY. (a) Not later than 60 days after receipt of the information required under sections 521A.07 to 521A.15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or […]
Section 521A.17 — Uniformity Of Application And Construction.
521A.17 UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: 2016 c 135 art 2 s 18
Section 521A.18 — Relation To Electronic Signatures In Global And National Commerce Act.
521A.18 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section 7001(c), or […]
Section 521A.19 — Severability.
521A.19 SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: 2016 […]