Ohio Code 2137.15 – Custodian compliance and immunity
(A) Not later than sixty days after receipt of the information required under sections 2137.06 to 2137.13 of the Revised Code, 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 Ohio Code 2137.15
- 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 Ohio Code 2137.01
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated as agent, attorney in fact, or otherwise. See Ohio Code 2137.01
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the probate court for all matters in which the court has exclusive jurisdiction under section 2101. See Ohio Code 2137.01
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Ohio Code 2137.01
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Ohio Code 2137.01
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor agent, guardian, personal representative, or trustee. See Ohio Code 2137.01
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Ohio Code 2137.01
- Principal: means an individual who grants authority to an agent in a power of attorney. See Ohio Code 2137.01
- User: means a person that has an account with a custodian. See Ohio Code 2137.01
- Ward: includes a person for whom a conservator has been appointed by the probate court in an order of conservatorship issued pursuant to section 2111. See Ohio Code 2137.01
(B) An order under division (A) of this section directing compliance shall contain a finding that compliance is not in v iolation of 18 U.S.C. § 2702, as amended.
(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) Nothing in this chapter limits a custodian’s ability to obtain, or to require a guardian, agent, or designated recipient requesting disclosure or termination under this chapter to obtain, a court order that does all of the following:
(1) Specifies that an account belongs to the ward or principal;
(2) Specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
(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.