2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 75 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 28-75-102. Definitions
- As used in this chapter:
- (1) "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.
- (2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney.
- (3) "Carries" means engages in the transmission of an electronic communication.
- (4) "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.
- (5) "Content of an electronic communication" means information concerning the substance or meaning of the communication which:
- (A) Has been sent or received by a user;
- (B) 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
- (C) Is not readily accessible to the public.
- (6) "Court" means the circuit court of the county of residence of the account holder.
- (7) "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.
- (8) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.
- (9) "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.
- (10) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
- (11) "Electronic communication" has the same meaning set forth in 18 U.S.C. § 2510(12), as amended.
- (12) "Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.
- (13) "Fiduciary" means an original, additional, or successor personal representative, guardian of the estate, agent, or trustee.
- (14) "Guardian of the estate" means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian and a temporary guardian.
- (15) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.
- (16) "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.
- (17) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
- (18) "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter.
- (19) "Power of attorney" means a record that grants an agent authority to act in the place of a principal.
- (20) "Principal" means an individual who grants authority to an agent in a power of attorney.
- (21) "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.
- (22) "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. § 2510(14), as amended.
- (23) "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian.
- (24) "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.
- (25) "User" means a person that has an account with a custodian.
- (26) "Ward" means an individual for whom a guardian of the estate has been appointed. The term includes an individual for whom an application for the appointment of a guardian of the estate is pending.
- (27) "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
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