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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-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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19-1A-7
Section 19-1A-7 (Effective January 1, 2018) 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 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 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; (4) unless
the user provided direction using an online tool, a copy of the user's will, trust, power
of attorney, or other record evidencing the user's consent to disclosure of the content of
electronic communications; and (5) if requested by the custodian: (A) a number, username,
address, or other unique subscriber or account identifier assigned by the...
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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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19-3A-102
chapter, the following terms are defined as follows: (1) ACCOUNTING PERIOD. A calendar year
unless another 12-month period is selected by a fiduciary. The term includes a portion of
a calendar year or other 12-month period that begins when an income interest begins or ends
when an income interest ends. (2) BENEFICIARY. Includes, in the case of a decedent's estate,
an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder
beneficiary. (3) FIDUCIARY. A personal representative or a trustee. The term includes
an executor, administrator, successor personal representative, special administrator,
and a person performing substantially the same function. (4) INCOME. Money or property that
a fiduciary receives as current return from a principal asset. The term also includes a portion
of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided
in Article 4. (5) INCOME BENEFICIARY. A person to whom net income of a trust is...
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19-3C-2
Section 19-3C-2 Definitions. In this chapter: (1) CHARITABLE PURPOSE means the relief of poverty,
the advancement of education or religion, the promotion of health, governmental or municipal
purposes, or other purposes the achievement of which is beneficial to the community. (2) ENDOWMENT
FUND means an institutional fund or part thereof that, under the terms of a gift instrument,
is not wholly expendable by the institution on a current basis. The term does not include
assets that an institution designates as an endowment fund for its own use. (3) GIFT INSTRUMENT
means a record or records, including an institutional solicitation, under which property is
granted to, transferred to, or held by an institution as an institutional fund. (4) INSTITUTION
means: (A) a person, other than an individual, organized and operated exclusively for charitable
purposes; (B) a government or governmental subdivision, agency, or instrumentality, to the
extent that it holds funds exclusively for a charitable...
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26-1A-102
event, the satisfaction of an ascertainable standard, or the passage of a specified period
only after the occurrence of the specified event, the satisfaction of the ascertainable standard,
or the passage of the specified period. The term does not include a power exercisable in a
fiduciary capacity or only by will. (9) "Principal" means an individual who grants
authority to an agent in a power of attorney. (10) "Property" means anything that
may be the subject of ownership, whether real or personal, or legal or equitable, or
any interest or right therein. (11) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form. (12) "Sign" means, with present intent to authenticate or adopt
a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate
with the record an electronic sound, symbol, or process. (13) "State" means a state
of the United States, the...
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11-81-21
Section 11-81-21 Investment of funds obligation in which sinking funds may be invested. Any
municipal funds or county funds not presently needed for other purposes may be invested in
any obligations in which sinking funds are now authorized to be invested, pursuant to Section
11-81-19, and in addition in any of the following: (1) Direct obligations of (including obligations
issued or held in book entry form on the books of) the Department of the Treasury of the United
States of America; (2) Obligations of any of the following federal agencies, which obligations
represent the full faith and credit of the United States of America: a. Farmers Home Administration.
b. General Services Administration. c. U. S. Maritime Administration. d. Small Business Administration.
e. Government National Mortgage Association (GNMA). f. U. S. Department of Housing and Urban
Development (HUD). g. Federal Housing Administration (FHA). (3) U. S. dollar denominated deposit
accounts and certificates of deposit...
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35-12-71
Section 35-12-71 Definitions. As used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) APPARENT OWNER. A person whose name appears on the records of a holder as the person entitled
to property held, issued, or owing by the holder. (2) BUSINESS ASSOCIATION. A corporation,
joint stock company, investment company, partnership, unincorporated association, joint venture,
limited liability company, business trust, trust company, safe deposit company, financial
organization, insurance company, mutual fund, utility, or other business entity consisting
of one or more persons, whether or not for profit. (3) DOMICILE. The state of incorporation
of a corporation and the state of the principal place of business of a holder other than a
corporation. (4) FINANCIAL ORGANIZATION. A savings and loan association, building and loan
association, industrial loan organization, credit union, cooperative bank,...
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8-9B-2
and includes a security interest created by agreement, a judicial lien obtained by legal or
equitable process or proceedings, a common-law lien, or a statutory lien. (10) "Organization"
means a person other than an individual. (11) "Person" means an individual, estate,
partnership, association, trust, business or nonprofit entity, public corporation, government
or governmental subdivision, agency, or instrumentality, or other legal or commercial entity.
(12) "Property" means both real and personal property, whether tangible or
intangible, and any interest in property whether legal or equitable and includes anything
that may be the subject of ownership. (13) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form. (14) "Relative" means an individual related by consanguinity
within the third degree as determined by the common law, a spouse, or an individual related
to a spouse within the...
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