2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 75 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 28-75-116. Custodian compliance and immunity

Universal Citation: AR Code § 28-75-116 (2017)
  • (a) Not later than 30 days after receipt of the information required under §§ 28-75-107 -- 28-75-115, 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.
  • (b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702, as amended.
  • (c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
  • (d) 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.
  • (e) 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 which:
    • (1) specifies that an account belongs to the ward or principal;
    • (2) specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
    • (3) contains a finding required by law other than this chapter.
  • (f) 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.
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.