N.C. Gen. Stat. § 36F-1
Short title
Short title. This Chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act. (2016-53, s. 1.)
North Carolina General Statutes Chapter 36F — Chapter 36F.
North Carolina · statute · N.C. Gen. Stat. ch. 36F · 18 active provisions
Provisions
N.C. Gen. Stat. § 36F-2
Definitions
Definitions. The following definitions apply in this Chapter: (1) Account. - 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. (2) Agent. - An attorney-in-fact granted authority…
N.C. Gen. Stat. § 36F-3
Applicability
Applicability. (a) This Chapter applies to all of the following: (1) A fiduciary acting under a will or power of attorney executed before, on, or after June 30, 2016. (2) A personal representative acting for a decedent who died before, on, or after June 30, 2016. (3) A guardian appointed before, on, or after June 30, 2…
N.C. Gen. Stat. § 36F-4
User direction for disclosure of digital assets
User direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direc…
N.C. Gen. Stat. § 36F-5
Terms-of-service agreement
Terms-of-service agreement. (a) This Chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This Chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for who…
N.C. Gen. Stat. § 36F-6
Procedure for disclosing digital assets
Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this Chapter, the custodian may, at its sole discretion, do any of the following: (1) Grant a fiduciary or designated recipient full access to the user's account. (2) Grant a fiduciary or designated recipient partial access to t…
N.C. Gen. Stat. § 36F-7
Disclosure of content of electronic communications of deceased user
Disclosure of content of electronic communications of deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent…
N.C. Gen. Stat. § 36F-8
Disclosure of other digital assets of deceased user
Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets…
N.C. Gen. Stat. § 36F-9
Disclosure of content of electronic communications of principal
Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the…
N.C. Gen. Stat. § 36F-10
Disclosure of other digital assets of principal
Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communi…
N.C. Gen. Stat. § 36F-11
Disclosure of digital assets held in trust when trustee is original user
Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the…
N.C. Gen. Stat. § 36F-12
Disclosure of contents of electronic communications held in trust when trustee not original user
Disclosure of contents of electronic communications held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or rec…
N.C. Gen. Stat. § 36F-13
Disclosure of other digital assets held in trust when trustee not original user
Disclosure of other digital assets held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an origi…
N.C. Gen. Stat. § 36F-14
Disclosure of digital assets to guardian of ward
Disclosure of digital assets to guardian of ward. (a) After a hearing on a motion in the cause pursuant to G.S. 35A-1207, the court may grant a guardian access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of el…
N.C. Gen. Stat. § 36F-15
Fiduciary duty and authority
Fiduciary duty and authority. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: (1) The duty of care. (2) The duty of loyalty. (3) The duty of confidentiality. (b) All of the following apply to a fiduciary's or…
N.C. Gen. Stat. § 36F-16
Custodian compliance and immunity
Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under G.S. 36F-7 through G.S. 36F-15, a custodian shall comply with a request under this Chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to…
N.C. Gen. Stat. § 36F-17
Uniformity of application and construction
Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2016-53, s. 1.)
N.C. Gen. Stat. § 36F-18
Relation to Electronic Signatures in Global and National Commerce Act
Relation to Electronic Signatures in Global and National Commerce Act. This Chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic…