47-36-15. Custodian compliance and immunity

47-36-15. Custodian compliance and immunity

1. Not later than sixty days after receipt of the information required under

sections 47-36-06 through 47-36-14, 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 directing compliance must contain a finding that

compliance is not in violation of 18 U.S.C. 2702.

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 that:

a. Specifies an account belongs to the protected person or principal;

b. Specifies 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.