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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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1A-2.htm - 5K - Match Info - Similar pages
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-5
Section 19-1A-5 (Effective January 1, 2018) 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 expanded rights other than those held by the user for whom, or for whose
estate, the fiduciary or designated recipient acts or represents. (c) A fiduciary's or a designated
recipient's access to digital assets may be modified or eliminated by a user, by federal law,
or by a terms-of-service agreement if the user has not provided direction under Section 19-1A-4.
(Act 2017-316, ยง1.)...
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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-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-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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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
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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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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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