Short title
This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act of 2015.
Nevada · statute · Nev. Rev. Stat. ch. 722 · 45 active provisions
This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act of 2015.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 722.030 to 722.290, inclusive, have the meaning ascribed to them in those sections.
“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.
“Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney.
“Carries” means engages in the transmission of an electronic communication.
“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.
“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…
“Court” means a district court of this State.
“Custodian” means a person that carries, maintains, processes, receives or stores a digital asset of a user.
“Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.
“Digital asset” means an electronic record in which a natural person 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.
“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
“Electronic communication” has the meaning set forth in 18 U.S.C. § 2510(12).
“Electronic-communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.
“Fiduciary” means an original, additional or successor personal representative, guardian, agent or trustee.
“Guardian” means a person appointed by a court to manage the estate of a living natural person. The term includes a special guardian as defined in NRS 159.026.
“Information” means data, text, images, videos, sounds, codes, computer programs, software, databases or the like.
“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.
“Person” means a natural person, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
“Personal representative” means an executor, administrator, special administrator or person that performs substantially the same function under law of this State other than this chapter.
“Power of attorney” means a record that grants an agent authority to act in the place of a principal.
“Principal” means a natural person who grants authority to an agent in a power of attorney.
“Protected person” means a natural person for whom a guardian has been appointed. The term includes a natural person for whom an application for the appointment of a guardian is pending.
“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.
“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).