§ 47-36-15 — Custodian compliance and immunity

North Dakota § 47-36-15

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

Text

1. Not later than sixty days after receipt of the information required under
sections 47-36-06 through 47-36-14, 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.
2. An order under subsection 1 directing compliance must contain a finding that
compliance is not in violation of 18 U.S.C. 2702.
3. A custodian may notify the user that a request for disclosure or to terminate an
account was made under this chapter.
4. 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.
5. 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 that:
a. Specifies an account belongs to the protected person or principal;
b. Specifies there is sufficient consent from the protected person or principal to
support the requested disclosure; and
c. Contains a finding required by law other than this chapter.
6. 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.