Utah Code 75A-6-113. Disclosure of other digital assets held in trust when trustee not original user
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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;
Terms Used In Utah Code 75A-6-113
- 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 Utah Code 75A-6-102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75A-6-102
- Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-6-102
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75A-6-102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75A-6-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trust: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-6-102 - Trustee: A person or institution holding and administering property in trust.
- Trustee: includes a successor trustee. See Utah Code 75A-6-102
- User: means a person that has an account with a custodian. See Utah Code 75A-6-102
(2) a certified copy of the trust instrument or a certification of the trust under Section 75-7-1013 ;
(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:
(4)(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(4)(b) evidence linking the account to the trust.