North Carolina General Statutes 36F-16. Custodian compliance and immunity
(a) Not later than 60 days after receipt of the information required under N.C. Gen. Stat. § 36F-7 through N.C. Gen. Stat. § 36F-15, 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.
(b) An order under subsection (a) of this section directing compliance must 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 or designated recipient’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 which does all of the following:
(1) Specifies that an account belongs to the ward or principal.
Terms Used In North Carolina General Statutes 36F-16
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(2) Specifies that there is sufficient consent from the ward 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. (2016-53, s. 1.)