Last Action | to Judiciary (S) |
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Title | AN ACT relating to the Uniform Fiduciary Access to Digital Assets Act. |
Bill Documents | Introduced |
Bill Request Number | 2000 |
Sponsor | W. Westerfield |
Summary of Original Version | Establish KRS Chapter 395A and create new sections thereof to enact the Uniform Fiduciary Access to Digital Assets Act to establish a framework for the management and disposition of digital assets upon death or incapacitation; define terms; set forth the applicability of the chapter to fiduciaries, agents, personal representatives, conservators, guardians, and trustees; provide that the chapter does not apply to a digital asset of an employer that is used by an employee in the ordinary course of business; enumerate the rights and limitations of a personal representative of a decedent to access the electronic communications or digital assets of the decedent; permit a court to grant a conservator or guardian the right to access electronic communications of a protected person after a hearing conducted pursuant to applicable state law; enumerate the rights and limitations of an agent to access a principal's electronic communications and digital assets; enumerate the rights and limitations of a trustee, or successor of a trustee, to access the electronic communications and digital assets of an account holder or successor account holder; provide that a fiduciary who is an account holder or has the right to access an account holder's digital assets may do so, subject to certain limitations; provide that an account holder may limit a fiduciary’s access to any digital asset by affirmative act, separate from his or her assent to other provisions, in a terms-of-service agreement; specify when a provision in a terms-of-service agreement is void as against public policy of Kentucky; provide that a choice-of-law provision in an agreement is unenforceable to the extent that it limits a fiduciary’s access to a digital asset; allow a fiduciary with authority over the property of a decedent, protected person, principal, or settlor to access tangible property containing digital assets; specify the documents or instruments that a fiduciary must provide to a custodian in order to access, control, or copy a digital asset; provide that a custodian must comply with a request made within 60 days of receipt of the request; require that the provisions of the chapter be applied and construed so as to promote uniformity of law among the states; establish conformity with federal requirements related to electronic signatures and records; provide that the chapter may be cited as the Uniform Fiduciary Access to Digital Assets Act. |
Index Headings of Original Version |
Civil Actions - Uniform Fiduciary Access to Digital Assets Act, adoption of Civil Procedure - Uniform Fiduciary Access to Digital Assets Act, adoption of Courts - Uniform Fiduciary Access to Digital Assets Act, adoption of Fiduciaries - Uniform Fiduciary Access to Digital Assets Act, adoption of Guardians - Uniform Fiduciary Access to Digital Assets Act, adoption of Taxation, Inheritance and Estate - Uniform Fiduciary Access to Digital Assets Act, adoption of Uniform Laws - Uniform Fiduciary Access to Digital Assets Act, adoption of Wills and Estates - Uniform Fiduciary Access to Digital Assets Act, adoption of |
02/22/18 |
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02/23/18 |
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Last updated: 1/16/2019 3:00 PM (EST)