# N.M. Stat. § 46-13-16: Custodian compliance and immunity

> New Mexico · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-16

## Section

- **Citation:** N.M. Stat. § 46-13-16
- **Heading:** Custodian compliance and immunity
- **Jurisdiction:** New Mexico
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NM Code / Chapter 46 / Article 13 / Section 46-13-16

## Text

A. Not later than sixty days after receipt of the information required under Sections 7 through 15 of the Revised Uniform Fiduciary Access to Digital Assets Act, a custodian shall comply with a request under the Revised Uniform Fiduciary Access to Digital Assets Act 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 Subsection A of this section directing compliance shall 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 the Revised Uniform Fiduciary Access to Digital Assets Act.

D. A custodian may deny a request under the Revised Uniform Fiduciary Access to Digital Assets Act 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. The Revised Uniform Fiduciary Access to Digital Assets Act does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under the Revised Uniform Fiduciary Access to Digital Assets Act to obtain a court order that:

(1) specifies that an account belongs to the protected person or principal;

(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and

(3) contains a finding required by law other than the Revised Uniform Fiduciary Access to Digital Assets Act.

F. A custodian and its officers, employees and agents are immune from liability for an act or omission done with reasonable care in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act.

## Nearby sections

- [N.M. Stat. § 46-13-1 § 46-13-1. Short title](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-1.md)
- [N.M. Stat. § 46-13-2 § 46-13-2. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-2.md)
- [N.M. Stat. § 46-13-3 § 46-13-3. Applicability](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-3.md)
- [N.M. Stat. § 46-13-4 § 46-13-4. User direction for disclosure of digital assets](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-4.md)
- [N.M. Stat. § 46-13-5 § 46-13-5. Terms-of-service agreement](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-5.md)
- [N.M. Stat. § 46-13-6 § 46-13-6. Procedure for disclosing digital assets](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-6.md)
- [N.M. Stat. § 46-13-7 § 46-13-7. Disclosure of content of electronic communications of deceased user](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-7.md)
- [N.M. Stat. § 46-13-8 § 46-13-8. Disclosure of other digital assets of a deceased user](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-8.md)
- [N.M. Stat. § 46-13-9 § 46-13-9. Disclosure of content of electronic communications of principal](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-9.md)
- [N.M. Stat. § 46-13-10 § 46-13-10. Disclosure of other digital assets of principal](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-10.md)
- [N.M. Stat. § 46-13-11 § 46-13-11. Disclosure of digital assets held in trust when trustee is an original user](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-11.md)
- [N.M. Stat. § 46-13-12 § 46-13-12. Disclosure of contents of electronic communications held in trust when trustee is not an original user](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-12.md)
- [N.M. Stat. § 46-13-13 § 46-13-13. Disclosure of other digital assets held in trust when trustee is not an original user](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-13.md)
- [N.M. Stat. § 46-13-14 § 46-13-14. Disclosure of digital assets to conservator of a protected person](https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-16. Check the current official text before relying on it. Not legal advice.