IC ARTICLE 39. REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

Similar documents
NC General Statutes - Chapter 36F 1

This title may be cited as the Uniform Electronic Transactions Act.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S 1 SENATE BILL 1266

NEVADA REVISED STATUTES. Title 59 - ELECTRONIC RECORDS AND TRANSACTIONS CHAPTER 719 ELECTRONIC TRANSACTIONS (UNIFORM ACT)

As Introduced. 132nd General Assembly Regular Session S. B. No

OFFICIAL POLICY. Policy Statement

REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (2015)


Title 10: COMMERCE AND TRADE

ELECTRONIC TRANSACTIONS LAW

Annex A ELECTRONIC TRANSACTIONS LAW

UNCITRAL E-SIGN UETA COMPARISON 1

Referred to Committee on Judiciary. SUMMARY Makes various changes relating to electronic documents and electronic signatures.

U.S. Code Title 15 Commerce and Trade Chapter 96 Electronic Signature in Global and National Commerce Act Section General rule of validity

Summary of Committee Discussion/Questions No discussion or questions occurred among Committee members prior to approval of the proposed policy.

EXEMPT (Reprinted with amendments adopted on June 5, 2017) FOURTH REPRINT A.B Referred to Committee on Judiciary

UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

REVISOR PMM/NB A

FIDUCIARY ACCESS TO DIGITAL ASSETS ACT FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

CHAPTER 308B ELECTRONIC TRANSACTIONS

IC Chapter 10. Release of Social Security Number

IC Chapter 10. Release of Social Security Number

UNIFORM RULES RELATING TO DISCOVERY OF ELECTRONICALLY STORED INFORMATION

Access by Fiduciaries to Digital Assets

Issue Original UFADAA PEAC Act Revised UFADAA Permitted unless the decedent opted out while alive.

NC General Statutes - Chapter 32C Article 1 1

RESIDENTIAL MORTGAGE SATISFACTION ACT

Article III - ( ) ELECTRONIC SIGNATURES AND RECORDS ACT

PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION Act of Jul. 5, 2012, P.L.

STATE OF NEW JERSEY N J L R C NEW JERSEY LAW REVISION COMMISSION FINAL REPORT. Relating to RESIDENTIAL MORTGAGE SATISFACTION ACT.

SB 40 - AS INTRODUCED

H 7502 SUBSTITUTE A ======== LC004302/SUB A ======== S T A T E O F R H O D E I S L A N D

H. R [Report No , Parts I and II]

H 7502 S T A T E O F R H O D E I S L A N D

UNIFORM RESIDENTIAL MORTGAGE SATISFACTION ACT

Estate Planning Highlights of the 2017 Texas Legislature Prof. Gerry W. Beyer

JUDICIARY OF GUAM ELECTRONIC FILING RULES 1

First Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP HOUSE SPONSORSHIP

Indiana UCCJEA Ind. Code Ann

MONTANA CODE ANNOTATED

Dr. Gerry W. Beyer Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law

IC Chapter 2. Jurisdiction

RULES OF TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION CHAPTER ELECTRONIC REPORTING TABLE OF CONTENTS

(2) Definitions. As used in this part 5, unless the context otherwise requires:

Missouri Revised Statutes

1 ELECTRONIC COMMUNICATIONS IN CONTRACTUAL TRANSACTIONS 2 DRAFT TABLE OF CONTENTS 3 PART 1 4 GENERAL PROVISIONS

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Superior Court of California County of Orange

The Vermont Statutes Online

CHAPTER 53 UNIFORM ADULT GUARDIANSHIP JURISDICTION

INSTRUCTIONS FOR ESTABLISHING A SPECIAL NEEDS TRUST

Report of Banking, Commercial and Bankruptcy Law Committee

Chapter 58.--PERSONAL AND REAL PROPERTY Article 6.--POWERS AND LETTERS OF ATTORNEY

St",øtT sæ PUBL C CHAPTER NO. 93I

PROBATE COURT OF THE TOWN OF LITTLE COMPTON ADMINISTRATIVE RULES

Powers of Attorney. by John S. Kitchen, JD, LLM johnkitchenlawoffices.com. A. General Powers of Attorney

CHAPTER 1 RECORDS RETENTION AND DISPOSITION

Reason for change. Proposed Rule Amendments RULE NOTICE OF PETITION FOR ADMINISTRATION

COLORADO REVISED STATUTES

Guam UCCJEA 7 Guam Code Ann , et sec.

OFFICES OF REGISTER OF WILLS AND CLERK OF THE ORPHANS COURT

Alaska UCCJEA Alaska Stat et seq.

CHAPTER 36 (CORRECTED COPY)

LOCAL RULES EL DORADO COUNTY

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA ADMINISTRATIVE ORDER NO PA-CIR

SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Family Law

CODE OF VIRGINIA TITLE NOTARIES AND OUT-OF-STATE COMMISSIONERS CHAPTER 1. GENERAL PROVISIONS

WILLS, PROBATE AND ADMINISTRATION (AMENDMENT) ACT 1989 No. 17

REVISOR FULL-TEXT SIDE-BY-SIDE

TABLE OF CONTENTS. TITLE 57 NOTARIES PUBLIC Revised Uniform Law on Notarial Acts

NC General Statutes - Chapter 1 Article 45C 1

NASS Resolution Reaffirming Support for the National Electronic Notarization Standards

IC Chapter 11. Multiple Party Accounts

MEEKER COUNTY GUIDELINES AND PROCEDURES FOR MINNESOTA GOVERNMENT DATA PRACTICES ACT

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

CHAPTER 137. AUTHENTICATIONS AND ELECTRONIC TRANSACTIONS AND RECORDS SUBCHAPTER I

Chapter 340. H.B. No AN ACT. relating to appointment of and performance of notarial acts by an

IC Chapter 2. Criminal Justice Data Division

2017 Seminar Series. A Primer on the North Carolina Uniform Power of Attorney Act (NCUPOAA)

IC ARTICLE 30. JUVENILE LAW: JUVENILE COURT JURISDICTION

Hudson County Surrogate s Fee List: PROBATE OF WILLS AND COPIES PROBATE OF WILL (NOT MORE THAN 2 PAGES) $ FOR EACH ADDITIONAL PAGE 5.

PROPOSED AMENDMENTS TO RESOLVE CONFLICTS TO B-ENGROSSED HOUSE BILL 2191

PROBATE PROCEEDINGS. NYSBA Practical Skills. Probate and Administration of Estates December 12, 2014 WHAT IS THE PURPOSE OF A PROBATE PROCEEDING?

Obligation of good faith.

SIMPLE" WILLS. by: Daniel T. Balfour Beale, Balfour, Davidson, & Etherington, P.C. Richmond & Robert L. Freed Robert L. Freed, P.C.

ORGANISATION OF EASTERN CARIBBEAN STATES

1. Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

Top Ten Things to Do Now Changes Texas probate and estate planning lawyers should make on September 1, 2011

SENATE BILL No service, wireless telecommunications service, VoIP

Guardianship/Conservatorship Changes in SB 806

ARRANGEMENT OF SECTIONS PART I PRELIMINARY

Senate Bill No. 186 Senator McGinness

AMENDMENTS TO UNIFORM PROBATE CODE ARTICLE 5 GUARDIANSHIP

Uniform Partnership Act (1997). SECTION 101. DEFINITIONS.

CHAPTER 2: THE ESTATE PLAN AND THE PURPOSE

NASS Support for the Revised National Electronic Notarization Standards

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT

National Library of New Zealand (Te Puna Matauranga 0 Aotearoa) Act 2003

CHAPTER 2: THE ESTATE PLAN AND THE PURPOSE

Transcription:

IC 32-39 ARTICLE 39. REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT IC 32-39-1 Chapter 1. Application and Definitions IC 32-39-1-1 Applicability of article Sec. 1. (a) This article applies to the following: (1) A fiduciary acting under a will or power of attorney, regardless of when the will or power of attorney was executed. (2) A personal representative acting for a decedent, regardless of the date of death of the decedent. (3) A guardianship proceeding, regardless of when the guardianship proceeding commenced or whether the guardianship proceeding is pending. (4) A trustee acting under a trust, regardless of when the trust was created. (b) This article applies to a custodian that carries, maintains, processes, receives, or stores a digital asset of a user if the user: (1) resides in Indiana; or (2) resided in Indiana at the time of the user's death. (c) This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. IC 32-39-1-2 "Account" Sec. 2. As used in this article, "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. IC 32-39-1-3 "Attorney in fact" Sec. 3. As used in this article, "attorney in fact" includes an attorney in fact granted authority under a durable power of attorney or a nondurable power of attorney. IC 32-39-1-4 "Carries" Sec. 4. As used in this article, "carries" means engages in the transmission of an electronic communication.

IC 32-39-1-5 "Catalogue of electronic communications" Sec. 5. As used in this article, "catalogue of electronic communications" means 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. IC 32-39-1-6 "Content of an electronic communication" Sec. 6. As used in this article, "content of an electronic communication" means information concerning the substance or meaning of the communication that: (1) has been sent or received by a user; (2) 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 (3) is not readily accessible to the public. IC 32-39-1-7 "Court" Sec. 7. As used in this article, "court" means: (1) a circuit court; (2) a superior court; (3) a probate court; or (4) a juvenile court. IC 32-39-1-8 "Custodian" Sec. 8. As used in this article, "custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user. IC 32-39-1-9 "Designated recipient" Sec. 9. As used in this article, "designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user. IC 32-39-1-10 "Digital asset" Sec. 10. As used in this article, "digital asset" means 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. IC 32-39-1-11 "Electronic" Sec. 11. As used in this article, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. IC 32-39-1-12 "Electronic communication" Sec. 12. As used in this article, "electronic communication" has the meaning set forth in 18 U.S.C. 2510(12). IC 32-39-1-13 "Electronic communication service" Sec. 13. As used in this article, "electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication. IC 32-39-1-14 "Fiduciary" Sec. 14. As used in this article, "fiduciary" means: (1) an attorney in fact; (2) a guardian; (3) a personal representative; or (4) a trustee. The term includes an additional or successor attorney in fact, guardian, personal representative, or trustee as well as an original attorney in fact, guardian, personal representative, or trustee. IC 32-39-1-15 "Guardian" Sec. 15. As used in this article, "guardian" means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian. IC 32-39-1-16 "Information" Sec. 16. As used in this article, "information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.

IC 32-39-1-17 "Online tool" Sec. 17. As used in this article, "online tool" means 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. IC 32-39-1-18 "Person" Sec. 18. As used in this article, "person" means: (1) an individual; (2) an estate; (3) a business or nonprofit entity; (4) a public corporation; (5) a government or subdivision, agency, or instrumentality of a government; or (6) another legal entity. IC 32-39-1-19 "Personal representative" Sec. 19. As used in this article, "personal representative" means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article. IC 32-39-1-20 "Power of attorney" Sec. 20. As used in this article, "power of attorney" means a record that grants an attorney in fact authority to act in the place of a principal. IC 32-39-1-21 "Principal" Sec. 21. As used in this article, "principal" means an individual who grants authority to an attorney in fact in a power of attorney. IC 32-39-1-22 "Protected person" Sec. 22. As used in this article, "protected person" means an

individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending. IC 32-39-1-23 "Record" Sec. 23. As used in this article, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. IC 32-39-1-24 "Remote computing service" Sec. 24. As used in this article, "remote computing service" means 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). IC 32-39-1-25 "Terms-of-service agreement" Sec. 25. As used in this article, "terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian. IC 32-39-1-26 "Trustee" Sec. 26. As used in this article, "trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. IC 32-39-1-27 "User" Sec. 27. As used in this article, "user" means a person that has an account with a custodian. IC 32-39-1-28 "Will" Sec. 28. As used in this article, "will" includes a codicil, a testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument.