Utah Code 75-11-103. Applicability
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(1) This chapter applies to:
Terms Used In Utah Code 75-11-103
- Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75-11-102
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
- Decedent: A deceased person.
- Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75-11-102
- Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75-11-102
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
- Trust: includes :(60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;(60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or(60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
- User: means a person that has an account with a custodian. See Utah Code 75-11-102
(1)(a) a fiduciary or agent acting under a will or power of attorney executed before, on, or after May 9, 2017;(1)(b) a personal representative acting for a decedent who died before, on, or after May 9, 2017;(1)(c) a conservatorship or guardianship proceeding commenced before, on, or after May 9, 2017; and(1)(d) a trustee acting under a trust created before, on, or after May 9, 2017.
(2) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
(3) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.