Title 30, Guardians And Trustees

[§556A-1] Short title. This chapter may be cited as the Uniform Fiduciary Access to Digital Assets Act (2016). [L 2016, c 162, pt of §1]

[§556A-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 beha…

[§556A-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, includ…

[§556A-12] 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…

[§556A-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 catalogue of ele…

[§556A-14] Disclosure of digital assets to conservator of protected person. (a) After an opportunity for a hearing under section 560:5-410 or section 560:5-414, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by t…

[§556A-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: (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (c) …

[§556A-16] Custodian compliance and immunity. (a) Not later than sixty days after receipt of the information required under sections 556A-7 through 556A-15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital ass…

[§556A-17] 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, title 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101…

§556A-2 Definitions. In this chapter: "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. "Agent" means an attorney-in-fact…

[§556A-3] Applicability. (a) This chapter applies to: (b) This chapter applies to a custodian if the user resides in this State or resided in this State at the time of the user's death. (c) This chapter does not apply to a digital asset of an employer used by an employee in the o…

[§556A-4] 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 onlin…

[§556A-5] 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 expande…

[§556A-6] Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter…

[§556A-7] Disclosure of content of electronic communications of deceased user. If a deceased user consented 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 use…

[§556A-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 communicatio…

[§556A-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 c…