19-1A-11
Section 19-1A-11 (Effective January 1, 2018) 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 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 trustee and the content of electronic communications. (Act 2017-316,
§1.)...
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19-1A-13
Section 19-1A-13 (Effective January 1, 2018) 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 electronic communications sent or received by an original or
successor user and stored, carried, or maintained by the custodian in an account of the trust
and any digital assets, other than the content of electronic communications, in which the
trust has a right or interest if the trustee gives the custodian: (1) a written request for
disclosure in physical or electronic form; (2) a copy of the trust instrument or a certification
of the trust under Section 19-3B-1013. (3) a certification by the trustee, under penalty of
perjury, that the trust exists and the trustee is a currently acting trustee of the trust;
and (4) if requested by the custodian: (A) a number, username, address,...
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19-1A-12
Section 19-1A-12 (Effective January 1, 2018) 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 content of an electronic communication sent or received by
an original or successor user and carried, maintained, processed, received, or stored by the
custodian in the account of the trust if the trustee gives the custodian: (1) a written request
for disclosure in physical or electronic form; (2) a copy of the trust instrument or a certification
of the trust under Section 19-3B-1013, which includes consent to disclosure of the content
of electronic communications to the trustee; (3) a certification by the trustee, under penalty
of perjury, that the trust exists and the trustee is a currently acting trustee of the trust;
and (4) if requested by the custodian: (A) a number,...
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19-1A-15
person, principal, or settlor had a right or interest and that is not held by a custodian or
subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary's
duties is an authorized user of the property of the decedent, protected person, principal,
or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws,
including this state's law on unauthorized computer access. (e) A fiduciary with authority
over the tangible, personal property of a decedent, protected person, principal, or
settlor: (1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access
laws, including Article 5A of Chapter 8, Title 13A, 18 U.S.C. Section 2701 et seq., and 47
U.S.C. Section 222. (f) A custodian may disclose information in an account to a fiduciary
of the user when the information is required to terminate an account used...
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19-1A-2
or liability is itself an electronic record. (11) "Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities. (12) "Electronic communication" has the meaning set forth in 18 U.S.C.
Section 2510(12), as amended. (13) "Electronic-communication service" means a custodian
that provides to a user the ability to send or receive an electronic communication. (14) "Fiduciary"
means an original, additional, or successor personal representative, conservator, agent,
or trustee. (15) "Good faith" means honesty in fact and reasonable under the circumstances.
(16) "Information" means data, text, images, videos, sounds, codes, computer programs,
software, databases, or the like. (17) "Online tool" means an electronic service
provided by a custodian that allows the user, in an agreement distinct from the terms-of-service
agreement between the custodian and user, to provide directions for disclosure or nondisclosure
of...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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19-1A-3
Section 19-1A-3 (Effective January 1, 2018) Applicability. (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 before, on, or after October
1, 2016; and (4) a trustee acting under a trust created before, on, or after October 1, 2016.
(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 ordinary course of the employer's business. Neither
does this chapter apply to a digital asset, whether employer owned or otherwise, that an employee
or contractor has stored on, housed on, maintained on, or transmitted to any software, program,
hardware, system, account, drive, tape, media, or other storage device...
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19-3-120.1
Section 19-3-120.1 Investments in common trusts, collective investment funds, and 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 agreement or other document
which is the source of authority, such fiduciary, other than a trustee governed by Chapter
3B, may invest in and hold (1) interests, however evidenced, in any common trust fund or other
collective investment fund maintained by any national or state chartered bank, trust company
or savings and loan association having trust powers, or (2) securities of or other interests
in any open-end or closed-end management type investment company or investment trust registered
under the Investment Company Act of 1940, as from time to time amended, so long as the portfolio
of such common trust fund, collective investment...
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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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19-1A-6
Section 19-1A-6 (Effective January 1, 2018) Procedure for disclosing digital assets. (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 sufficient to perform
the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary
or designated recipient a copy in a record of any digital asset that, on the date the custodian
received the request for disclosure, the user could have accessed if the user were alive and
had full capacity and access to the account. (b) A custodian may assess a reasonable administrative
charge for the cost of disclosing digital assets under this chapter. (c) A custodian need
not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or
a fiduciary requests a custodian to disclose under...
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