Arizona Laws 14-13116. Custodian compliance and immunity
A. Not later than sixty days after receipt of the information required under section 14-13107, 14-13108, 14-13109, 14-13110, 14-13111, 14-13112, 14-13113, 14-13114 or 14-13115, 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.
Terms Used In Arizona Laws 14-13116
- 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 Arizona Laws 14-13102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the superior court. See Arizona Laws 14-13102
- Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Arizona Laws 14-13102
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Arizona Laws 14-13102
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K. See Arizona Laws 14-13102
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Arizona Laws 14-13102
- Person: means an individual, an estate, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency or instrumentality or any other legal entity. See Arizona Laws 14-13102
- Principal: means an individual who grants authority to an agent in a power of attorney. See Arizona Laws 14-13102
- Protected person: means an individual for whom a conservator has been appointed. See Arizona Laws 14-13102
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- User: means a person that has an account with a custodian. See Arizona Laws 14-13102
B. An order under subsection A of this section directing compliance must contain a finding that compliance is not in violation of 18 United States Code § 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 does 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 does any of the following:
1. Specifies that an account belongs to the protected person or principal.
2. Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure.
3. Contains a finding required by law other than this chapter.
F. A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.