Vermont Statutes Title 14 Sec. 3566
Terms Used In Vermont Statutes Title 14 Sec. 3566
- 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. See
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the Probate Division of the Superior Court of Vermont. See
- Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor personal representative, guardian, agent, or trustee. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See
- Person under guardianship: means an individual for whom a guardian has been appointed. See
- Principal: means an individual who grants authority to an agent in a power of attorney. See
- User: means a person who has an account with a custodian. See
§ 3566. Custodian compliance and immunity
(a) Not later than 60 days after receipt of the information required by sections 3557-3565 of this title, 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 with the request, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b) An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
(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 lawful access to the account following the receipt of the fiduciary’s request.
(e) This chapter shall not limit a custodian’s ability to obtain, or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain, a court order that:
(1) specifies that an account belongs to the person under guardianship or the principal;
(2) specifies that there is sufficient consent from the person under guardianship or the principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents shall be immune from liability for any act or omission done in good faith compliance with this chapter. (Added 2017, No. 13, § 1.)