assembly Bill A6729

2013-2014 Legislative Session

Establishes the "access to digital assets act"

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Apr 17, 2013 referred to judiciary

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A6729 (ACTIVE) - Details

See Senate Version of this Bill:
S4895
Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add Art 10 Part 11 §§10-11.1 - 10-11.8, EPT L

A6729 (ACTIVE) - Summary

Establishes the "access to digital assets act"; provides fiduciary access and control over digital property of decedent or protected person.

A6729 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6729

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2013
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  estates,  powers and trusts law, in relation to
  establishing the "access to digital assets act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "access to
digital assets act".
  S 2. Article 10 of the estates, powers and trusts law  is  amended  by
adding a new part 11 to read as follows:
                                 PART 11
                        ACCESS TO DIGITAL ASSETS
SECTION 10-11.1 DEFINITIONS.
        10-11.2 CONTROL  OF  DIGITAL  PROPERTY  OF  DECEDENT BY PERSONAL
                  REPRESENTATIVE.
        10-11.3 CONTROL OF  DIGITAL  PROPERTY  OF  PROTECTED  PERSON  BY
                  CONSERVATOR.
        10-11.4 CONTROL  OF  DIGITAL  PROPERTY  BY  AGENT UNDER POWER OF
                  ATTORNEY.
        10-11.5 CONTROL OF DIGITAL PROPERTY BY TRUSTEE.
        10-11.6 RECOVERY OF DIGITAL PROPERTY FROM CUSTODIAN.
        10-11.7 OBJECTION TO RECOVERY OF DIGITAL PROPERTY BY FIDUCIARY.
        10-11.8 CUSTODIAN IMMUNITY.
S 10-11.1 DEFINITIONS.
  AS USED IN THIS PART, THE FOLLOWING TERMS  SHALL  HAVE  THE  FOLLOWING
MEANINGS:
  (A) "ACCOUNT HOLDER" MEANS A DECEDENT, PROTECTED PERSON, PRINCIPAL, OR
SETTLOR WHO HAS TERMS-OF-SERVICE AGREEMENT WITH A CUSTODIAN.
  (B)  "AGENT" MEANS AN ATTORNEY-IN-FACT GRANTED AUTHORITY UNDER A DURA-
BLE OR NONDURABLE POWER OF ATTORNEY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10200-01-3

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