§ 32-39-2-13 — Custodian compliance with request for disclosure of digital assets or termination of account; immunity from liability

(a) Not more than sixty (60) days after
receipt of the information required under sections 4 through 11 of this
chapter, a custodian shall comply with a request under this chapter
from a fiduciary or designated recipient for:
(1) the disclosure of digital assets; or
(2) the termination of an account.
If the custodian fails to comply with the request, the fiduciary or
designated recipient may apply to a court for an order directing
compliance.
(b) An order directing compliance for which a fiduciary or
designated recipient applies under subsection (a) must contain a
finding that compliance is not in violation of 18 U.S.C. 2702.
(c) A custodian may notify a user that a request for disclosure of the
user's digital assets or to terminate an account of the user has been
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 that occurs after the custodian's receipt of the request.
(e) This chapter does not limit a custodian's ability to obtain, or to
require a fiduciary or designated recipient requesting the disclosure of
digital assets or the termination of an account under this chapter to
obtain, a court order that:
(1) specifies that the 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 this chapter.
(f) A custodian and its officers, employees, and agents are immune
from liability for an act done or omission made in good faith in
compliance with this chapter.

Legislative History

As added by P.L.137-2016, SEC.14.