# N.M. Stat. § 46-13-2: Definitions > New Mexico · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-2 ## Section - **Citation:** N.M. Stat. § 46-13-2 - **Heading:** Definitions - **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 46-13-2 ## Text As used in the Revised Uniform Fiduciary Access to Digital Assets Act: A. “ 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; B. “ agent ” means an attorney-in-fact granted authority under a durable or nondurable power of attorney; C. “ carries ” means engages in the transmission of an electronic communication; D. “ 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; E. “ conservator ” means a person appointed by a court to manage the estate of a living individual. The term includes a limited conservator; F. “ 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 remote-computing service to the public; and (3) is not readily accessible to the public; G. “ court ” means the district court; H. “ custodian ” means a person that carries, maintains, processes, receives or stores a digital asset of a user; I. “ designated recipient ” means a person chosen by a user using an online tool to administer digital assets of the user; J. “ digital asset ” means an electronic record in which an individual 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; K. “ electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; L. “ electronic communication ” has the meaning set forth in 18 U.S.C. Section 2510(12) , as amended; M. “ electronic-communication service ” means a custodian that provides to a user the ability to send or receive an electronic communication; N. “ fiduciary ” means an original, additional or successor personal representative, conservator, agent or trustee; O. “ information ” means data, text, images, videos, sounds, codes, computer programs, software, databases or the like; P. “ 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; Q. “ person ” means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal or commercial entity; R. “ personal representative ” means an executor, administrator, special administrator or person that performs substantially the same function under law of this state other than the Revised Uniform Fiduciary Access to Digital Assets Act; S. “ power of attorney ” means a record that grants an agent authority to act in the place of a principal; T. “ principal ” means an individual who grants authority to an agent in a power of attorney; U. “ protected person ” means an individual for whom a conservator has been appointed. The term includes an individual for whom an application for the appointment of a conservator is pending; V. “ 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; W. “ 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. Section 2510(14) , as amended; “ 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; W. “ 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. Section 2510(14) , as amended; X. “ terms-of-service agreement ” means an agreement that controls the relationship between a user and a custodian; Y. “ trustee ” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee; Z. “ user ” means a person that has an account with a custodian; and AA. “ will ” includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NM_C46_A13_S46-13-2. Check the current official text before relying on it. Not legal advice.