Utah Code 75A-6-116. Custodian compliance and immunity
Current as of: 2024 | Check for updates
|
Other versions
(1) Not later than 60 days after receipt of the information required under Sections 75A-6-107 through 75A-6-115 , 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 Utah Code 75A-6-116
- 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.
- 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
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75A-6-102
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75A-6-102
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75A-6-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75A-6-102
- Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75A-6-102
- Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75A-6-102
- User: means a person that has an account with a custodian. See Utah Code 75A-6-102
(2) An order under Subsection (1) directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
(3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(4) 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.
(5) 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:
(5)(a) specifies that an account belongs to the protected person or principal;
(5)(b) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(5)(c) contains a finding required by law other than this chapter.
(6) 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.