19-1A-10
Section 19-1A-10 (Effective January 1, 2018) 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 catalogue of electronic communications
sent or received by the principal and digital assets, other than the content of electronic
communications, of the principal if the agent gives the custodian: (1) a written request for
disclosure in physical or electronic form; (2) an original or a copy of the power of attorney
that gives the agent specific authority over digital assets or general authority to act on
behalf of the principal; (3) a certification by the agent, under penalty of perjury, that
the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by...
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19-1A-2
Section 19-1A-2 (Effective January 1, 2018) Definitions. 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. (2) "Agent" means a
person granted authority to act for a principal under a power of attorney, whether denoted
an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor
agent, and person to which an agent's authority is delegated. (3) "Carries" means
engages in the transmission of an electronic communication. (4) "Catalogue of electronic
communications" means information that identifies each person with which a user has had
an electronic communication, the time and date of the communication, and the electronic address
of the person. (5) "Conservator" means a person appointed by a court to manage the
estate of a...
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19-1A-15
Section 19-1A-15 (Effective January 1, 2018) 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 a designated recipient's authority with respect to
a digital asset of a user: (1) except as otherwise provided in Section 19-1A-4, is subject
to the applicable terms of service; (2) is subject to other applicable law, including copyright
law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user. (c) A fiduciary with authority over the property
of a decedent, protected person, principal, or settlor has the right to access any digital
asset in which the decedent, protected person, principal, or settlor had a right or interest
and that is not held by a custodian or subject to a terms-of-service...
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19-1A-9
Section 19-1A-9 (Effective January 1, 2018) 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 gives the custodian: (1) a written request for disclosure in physical or electronic
form; (2) an original or copy of the power of attorney expressly granting the agent authority
over the content of electronic communications of the principal; (3) a certification by the
agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested
by the custodian: (A) a number, username, address, or other unique subscriber or account identifier
assigned by the custodian to identify the principal's account; or (B) evidence linking the
account to the principal. (Act 2017-316, §1.)...
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19-1A-14
Section 19-1A-14 (Effective January 1, 2018) Disclosure of digital assets to conservator of
protected person. (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 sent or received by a protected person and any digital assets, other than the
content of electronic communications, in which the protected person has a right or interest
if the conservator gives the custodian: (1) a written request for disclosure in physical or
electronic form; (2) a copy of the court order that gives the conservator authority over the
digital assets of the protected person; and (3) if requested by the custodian: (A) a number,
username, address, or other unique subscriber or account identifier assigned by the custodian
to identify the account of the protected person; or (B) evidence...
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27-42-8
Section 27-42-8 Powers and duties. (a) The association shall: (1)a. Be obligated to pay covered
claims existing prior to the order of liquidation arising within 30 days after the order of
liquidation, or before the policy expiration date if less than 30 days after the order of
liquidation, or before the insured replaces the policy or causes its cancellation, if he or
she does so within 30 days of the order of liquidation. The obligation shall be satisfied
by paying to the claimant an amount as follows: 1. The full amount of a covered claim for
benefits under workers' compensation insurance coverage. 2. An amount not exceeding ten thousand
dollars ($10,000) per policy for a covered claim for the return of unearned premium. 3. An
amount not exceeding three hundred thousand dollars ($300,000) or the policy limits, whichever
is less, per claim for all covered claims. For purposes of this limitation, all claims of
any kind whatsoever arising out of, or related to, bodily injury or death to...
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27-31B-3
Section 27-31B-3 Licensing. (a) Any captive insurance company, when permitted by its articles
of association, charter, or other organizational document, may apply to the commissioner for
a license to do any and all insurance defined in Sections 27-5-2, 27-5-4, and 27-5-5, in subdivisions
(1), (2), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) of subsection (a)
of Section 27-5-6, in Sections 27-5-7, 27-5-8, 27-5-9, and 27-5-10, and to grant annuity contracts
as defined in Section 27-5-3, subject, however, to all of the following: (1) No pure captive
insurance company may insure any risks other than those of its parent and affiliated companies
or controlled unaffiliated business. (2) No association captive insurance company may insure
any risks other than those of the member organizations of its association, and their affiliated
companies. (3) No industrial insured captive insurance company may insure any risks other
than those of the industrial insureds that comprise...
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19-1A-16
Section 19-1A-16 (Effective January 1, 2018) Custodian compliance and immunity. (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 custodian
fails to comply, the fiduciary or designated recipient may apply to the court for an order
directing compliance, and such other relief allowed under the law of this state. (b) An order
under subsection (a) directing compliance must contain a finding that compliance is not in
violation of 18 U.S.C. Section 2702, as amended. (c) A custodian may notify the user that
a request for disclosure or to terminate an account was made under this chapter. (d) A custodian
may deny a request under this chapter from a fiduciary or designated recipient for disclosure
of digital assets or to terminate an account if the custodian is aware of any...
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19-1A-8
Section 19-1A-8 (Effective January 1, 2018) 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 communications sent or received by the user and digital assets,
other than the content of electronic communications, of the user, if the representative gives
the custodian: (1) a written request for disclosure in physical or electronic form; (2) a
copy of the death certificate of the user; (3) a copy of letters testamentary, letters of
administration or court order; and (4) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by the custodian to identify
the user's account; (B) evidence linking the account to the user; (C) an affidavit stating
that disclosure of the user's digital assets is reasonably necessary for...
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19-1A-4
Section 19-1A-4 (Effective January 1, 2018) User direction for disclosure of digital assets.
(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 all
times, a direction regarding disclosure using an online tool overrides a contrary direction
by the user in a will, trust, power of attorney, or other record. (b) If a user has not used
an online tool to give direction under subsection (a) or if the custodian has not provided
an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other
record, disclosure to a fiduciary of some or all of the user's digital assets, including the
content of electronic communications sent or received by the user. (c) A user's direction
under subsection (a) or (b) overrides a contrary provision in a...
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