Missouri Laws 472.405 – Definitions
As used in sections 472.400 to 472.490, the following terms mean:
(1) “Access”, includes view, marshal, manage, copy, distribute, or delete;
Terms Used In Missouri Laws 472.405
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Executor: includes administrator where the subject matter applies to an administrator. See Missouri Laws 1.020
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes real and personal property. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trustee: A person or institution holding and administering property in trust.
(2) “Account”, 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;
(3) “Agent”, an attorney-in-fact granted authority under a durable or nondurable power of attorney;
(4) “Carries”, engages in the transmission of electronic communications;
(5) “Catalogue of electronic communications”, 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;
(6) “Conservator”, a person appointed by a court to have the care and custody of the estate of a minor or a disabled person. A “limited conservator” is one whose duties or powers are limited. The term “conservator”, as used in sections 472.400 to 472.490, includes limited conservator unless otherwise specified or apparent from the context;
(7) “Content of an electronic communication”, information concerning the substance or meaning of the communication which:
(a) Has been sent or received by a user;
(b) Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and
(c) Is not readily accessible to the public;
(8) “Court”, any court with competent jurisdiction within this state;
(9) “Custodian”, a person that carries, maintains, processes, receives, or stores a digital asset of a user;
(10) “Designated recipient”, a person chosen by a user using an online tool to administer digital assets of the user;
(11) “Digital asset”, an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record;
(12) “Electronic”, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(13) “Electronic communication”, has the same meaning as set forth in 18 U.S.C. § 2510(12), as amended;
(14) “Electronic communication service”, a custodian that provides to a user the ability to send or receive an electronic communication;
(15) “Fiduciary”, an original, additional, or successor personal representative, conservator, agency, or trustee;
(16) “Information”, data, text, images, videos, sounds, codes, computer programs, software, databases, or the like;
(17) “Online tool”, 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 digital assets to a third person;
(18) “Person”, an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity;
(19) “Personal representative”, executor or administrator, including an administrator with the will annexed, an administrator de bonis non, an administrator pending contest, an administrator during minority or absence, and any other type of administrator of the estate of a decedent whose appointment is permitted, or any person who performs substantially the same function under the law of Missouri, including without limitation an affiant who has filed a small estate affidavit under section 473.097. It does not include an executor de son tort;
(20) “Power of attorney”, a record that grants an agent authority to act in the place of a principal;
(21) “Principal”, an individual who grants authority to an agent in a power of attorney;
(22) “Protected person”, an individual for whom a conservator has been appointed, including a protectee, a disabled person, and an individual for whom an application for the appointment of a conservator is pending;
(23) “Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(24) “Remote computing service”, a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. § 2510(14), as amended;
(25) “Terms-of-service agreement”, an agreement that controls the relationship between a user and a custodian;
(26) “Trustee”, a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another, including an original, additional, and successor trustee, and a co-trustee;
(27) “User”, a person that has an account with a custodian;
(28) “Will”, includes a testamentary instrument, a codicil, a testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.