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This entry was published on 2016-10-07
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SECTION 13-A-4.2
Custodian compliance and immunity
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13-A, PART 4
§ 13-A-4.2 Custodian compliance and immunity

(a) Not later than sixty days after receipt of the information
required under sections 13-A-3.1 through 13-A-4.1, a custodian shall
comply with a request under this article 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.

(b) An order under paragraph (a) directing compliance must contain a
finding that compliance is not in violation of 18 U.S.C. section 2702,
as amended.

(c) A custodian may notify the user that a request for disclosure or
to terminate an account was made under this article.

(d) A custodian may deny a request under this article 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) This article does not limit a custodian's ability to obtain or
require a fiduciary or designated recipient requesting disclosure or
termination under this article to obtain a court order which:

(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 article.

(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 article.