§ 47-36-05 — Procedure for disclosing digital assets

North Dakota § 47-36-05

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-36: Uniform Fiduciary Access to Digital Assets Act

Text

1. When disclosing digital assets of a user under this chapter, the custodian may at its
sole discretion:
a. Grant a fiduciary or designated recipient full access to the user's account;
b. Grant a fiduciary or designated recipient partial access to the user's account
sufficient to perform the tasks with which the fiduciary or designated recipient is
charged; or
c. Provide a fiduciary or designated recipient a copy in a record of any digital asset
that, on the date the custodian received the request for disclosure, the user could
have accessed if the user were alive and had full capacity and access to the
account.
2. A custodian may assess a reasonable administrative charge for the cost of disclosing
digital assets under this chapter.
3. A custodian need not disclose under this chapter a digital asset deleted by a user.
4. If a user directs or a fiduciary requests a custodian to disclose under this chapter
some, but not all, of the user's digital assets, the custodian need not disclose the
assets if segregation of the assets would impose an undue burden on the custodian. If
the custodian believes the direction or request imposes an undue burden, the
custodian or fiduciary may seek an order from the court to disclose:
a. A subset limited by date of the user's digital assets;
b. All of the user's digital assets to the fiduciary or designated recipient;
c. None of the user's digital assets; or
d. All of the user's digital assets to the court for review in camera.