Title 47 — Property
52 chapters · 670 sections in this title.
N.D.C.C. § 47-36-01 Definitions
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For purposes of this chapter, unless the context otherwise requires: 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 a user or provides goods or services to the user. 2…
N.D.C.C. § 47-36-02 Applicability
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1. This chapter applies to: a. A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter; b. A personal representative acting for a decedent who died before, on, or after the effective date of this chapter; c. A conserva…
N.D.C.C. § 47-36-03 User direction for disclosure of digital assets
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1. 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 a direction at al…
N.D.C.C. § 47-36-04 Terms-of-service agreement
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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 than those held by the us…
N.D.C.C. § 47-36-05 Procedure for disclosing digital assets
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1. When disclosing digital assets of a user under this chapter, the custodian may at its 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 t…
N.D.C.C. § 47-36-06 Disclosure of content of electronic communications of deceased user
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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 user the content of an electronic communication sent or received by the user if th…
N.D.C.C. § 47-36-07 Disclosure of other digital assets of deceased user
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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 th…
N.D.C.C. § 47-36-08 Disclosure of content of electronic communications of principal
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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…
N.D.C.C. § 47-36-09 Disclosure of other digital assets of principal
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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 sen…
N.D.C.C. § 47-36-10 Disclosure of digital assets held in trust when trustee is original user
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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 the trustee and the content of electron…
N.D.C.C. § 47-36-13 Disclosure of digital assets to conservator or guardian of protected person
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1. After an opportunity for a hearing under section 30.1-29-07, the court may grant a conservator or guardian access to the digital assets of a protected person. 2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guard…
N.D.C.C. § 47-36-14 Fiduciary duty and authority
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1. 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; b. The duty of loyalty; and c. The duty of confidentiality. 2. A fiduciary's or designated recipient's authority with resp…
N.D.C.C. § 47-36-15 Custodian compliance and immunity
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1. Not later than sixty days after receipt of the information required under sections 47-36-06 through 47-36-14, 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 custodia…
N.D.C.C. § 47-36-16 Uniformity of application and construction
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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.
N.D.C.C. § 47-36-17 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act [Pub. L. 106-229; 114 Stat. 468; 15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic del…