Title 19 — Title 19

This chapter may be cited as the Uniform Fiduciaries Act. History: (Acts 1943, No. 557, p. 544, §14.)

When a deposit is made in a bank in the name of two or more persons as fiduciaries and a check is drawn upon the trust account by any fiduciary or fiduciaries authorized by the other fiduciary or fiduciaries to draw checks upon the trust account, neither the payee nor other holde…

The provisions of this chapter shall not apply to transactions taking place prior to July 7, 1943. History: (Acts 1943, No. 557, p. 544, §11.)

In any case not provided for in this chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, fiduciaries, agency, negotiable instruments and banking, shall continue to apply. History: (Acts 1943, No. 557, p. 544, §12.)…

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. History: (Acts 1943, No. 557, p. 544, §13.)

In this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section: (1) BANK. Any person or association of persons, whether incorporated or not, carrying on the business of banking or…

A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideratio…

If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed …

If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as…

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fidu…

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered without being liable to the principal, unless th…

If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal’s account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that t…

If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks …

This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act. History: (Act 2017-316, §1.)

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 s…

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to any trustee of a trust of which any trustee is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trus…

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 by an original or su…

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 original or successor user and …

(a) After an opportunity for a hearing, 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 catalogue of electronic communications …

(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 a designated recipient’s authority wi…

(a) Not later than 60 days after receipt of the information required under Sections 19-1A-7 to 19-1A-15, inclusive, 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 custo…

In applying and construing this uniform 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. History: (Act 2017-316, §1.)

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of t…

In this chapter, the following terms have the following meanings: (1) “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. (…

(a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after October 1, 2016; (2) a personal representative acting for a decedent who died before, on, or after October 1, 2016; (3) a conservatorship proceeding commenced befor…

(a) A user may use an online tool to direct the custodian to disclose to the 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 a direction at…

(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 …

(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 sufficien…

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the deceased 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 u…

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 …

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 give…

(a) When used in this chapter, unless the context otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section: (1) WAR SERVICE. Such term shall include the following, during the period that the United States shall be engaged in wa…

Fiduciary. Any fiduciary engaged in war service may be removed from his office as such upon petition filed in the proper court having jurisdiction by any person interested in the trust fund or the estate being administered or by any co-fiduciary or surety, and if the trust has no…

If any fiduciary in war service be removed from office and is a competent and suitable person to again serve as such fiduciary at any time after the termination of his war service, the fiduciary appointed to fill the vacancy caused by such removal, or his successor, shall be remo…

Notice of any petition to remove a fiduciary in war service and the day appointed to hear the same must be given to him by the register or clerk by registered or certified mail, postage prepaid, addressed to him at his post-office address, if known, or by publication once a week …

Unless exempted from so doing by law or trust instrument every fiduciary appointed by the court must give bond, before entering upon the discharge of his duties, in the amount and conditioned and payable as required by the law applicable to his fiduciary office. History: (Acts 19…

Qualified Trust Under Internal Revenue Code; Definitions. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1935, No. 230, p. 626; Code 1940, T. 58, §1; Acts 1982, No. 82-625, p. 1179, §1; Acts 1990, No. 90-561.)

Consolidation, Etc. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1971, No. 609, p. 1324, §3.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1876, §3747; Code 1886, §3504; Code 1896, §4183; Code 1907, §6085; Code 1923, §10422; Code 1940, T. 58, §39.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1876, §3747; Code 1886, §3565; Code 1896, §4184; Code 1907, §6086; Code 1923, §10423; Code 1940, T. 58, §40.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1876, §3747; Code 1886, §3566; Code 1896, §4185; Code 1907, §6087; Code 1923, §10424; Code 1940, T. 58, §41.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1867, §4425; Code 1876, §3748; Code 1886, §3567; Code 1896, §4186; Code 1907, §6088; Code 1923, §10425; Code 1940, T. 58, §42.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1886, §3568; Code 1896, §4187; Code 1907, §6089; Code 1923, §10426; Code 1940, T. 58, §43.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1907, §6090; Code 1923, §10427; Code 1940, T. 58, §44.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1907, §6091; Code 1923, §10428; Code 1940, T. 58, §45.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1907, §6092; Code 1923, §10429; Code 1940, T. 58, §46.)

Held by Fiduciary. (a) In addition to powers, remedies and rights which may be set forth in any will, trust agreement or other document which is the source of authority, a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity, whether an indivi…

(a) Unless otherwise authorized or directed by the court having jurisdiction thereof, or by the will, trust agreement or other document which is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity, other than as a tr…

Interests of Investment Companies and Trusts. In addition to the investments authorized by Section 19-3-120, by any other provision of law for the investment of funds held by a trustee, executor, administrator, guardian, conservator or other fiduciary, or by the will, trust agree…

(a) When investing, reinvesting, purchasing, acquiring, exchanging, selling and managing property for the benefit of another, a trustee, executor, administrator, guardian, conservator or other fiduciary, other than a trustee governed by Chapter 3B, shall act with the care, skill,…