395A.160 Custodian compliance and authority

395A.160 Custodian compliance and authority.

(1) Not later than sixty (60) days after receipt of the information required under KRS

395A.070 to 395A.150, 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 comply, the fiduciary or designated recipient may

apply to the court for an order directing compliance.

(2) An order under subsection (1) of this section directing compliance shall contain a

finding that compliance is not in violation of 18 U.S.C. sec. 2702, as amended.

(3) A custodian may notify the user that a request for disclosure or to terminate an

account was made under this chapter.

(4) A custodian may deny a request under this chapter 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.

(5) This chapter does not limit a custodian's ability to obtain or require a fiduciary or

designated recipient requesting disclosure or termination under this chapter to

obtain a court order which:

(a) Specifies that an account belongs to the protected person or principal;

(b) Specifies that there is sufficient consent from the protected person or principal

to support the requested disclosure; and

(c) Contains a finding required by law other than this chapter.

(6) 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 chapter.