§ 55-19-1 Definitions
§ 55-19-2 Applicability generally
§ 55-19-3 Applicability to custodians and employer assets used by employee
§ 55-19-4 User direction for disclosure of digital assets
§ 55-19-5 Terms-of-service agreement
§ 55-19-6 Procedure for disclosing digital assets
§ 55-19-7 Disclosure of content of electronic communications of deceased user
§ 55-19-8 Disclosure of other digital assets of deceased user
§ 55-19-9 Disclosure of content of electronic communications of principal
§ 55-19-10 Disclosure of other digital assets of principal
§ 55-19-11 Disclosure of digital assets held in trust when trustee is original user
§ 55-19-12 Disclosure of contents of electronic communications held in trust when trustee not original user
§ 55-19-13 Disclosure of other digital assets held in trust when trustee not original user
§ 55-19-14 Disclosure of assets to conservator of protected person
§ 55-19-15 Suspension or termination of account of protected person
§ 55-19-16 Fiduciary duties
§ 55-19-17 Fiduciary authority generally
§ 55-19-18 Fiduciary right of access to digital asset not held by custodian or subject to terms-of-service agreement
§ 55-19-19 Fiduciary as authorized user for purposes of computer fraud or unauthorized access law
§ 55-19-20 Fiduciary right of access to digital asset
§ 55-19-21 Disclosure of information by custodian to fiduciary
§ 55-19-22 Request for termination of user’s account
§ 55-19-23 Custodian compliance
§ 55-19-24 Custodian notice to user
§ 55-19-25 Denial by custodian of request for disclosure or termination
§ 55-19-26 Custodian’s ability to require court order
§ 55-19-27 Custodian immunity
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Terms Used In South Dakota Codified Laws > Title 55 > Chapter 19 - Uniform Fiduciary Access to Digital Assets Act

  • 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.
  • Electronic communication: has the meaning set forth in 18 U. See South Dakota Codified Laws 55-19-1
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • 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: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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 property, real and personal. See South Dakota Codified Laws 2-14-2
  • Trustee: A person or institution holding and administering property in trust.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2