Indiana Code 32-39-2-10. Disclosure of other digital assets held in trust to trustee that is not an original user
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Sec. 10. Unless otherwise ordered by the court, directed by the user, or provided in the trust, a custodian shall disclose, to a trustee that is not an original user of the account, a catalogue of electronic communications sent or received by an original user or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(2) a certified copy of the trust instrument or a certification of the trust under IC 30-4-4-5;
(1) a written request for disclosure of the catalogue of electronic communications and digital assets in physical or electronic form;
Terms Used In Indiana Code 32-39-2-10
- 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. See Indiana Code 32-39-1-2
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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. See Indiana Code 32-39-1-5
- court: means :
Indiana Code 32-39-1-7
- custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
- electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-39-1-11
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Indiana Code 32-39-1-26
- Trustee: A person or institution holding and administering property in trust.
- user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the trust’s account; or
(B) evidence linking the account to the trust.
As added by P.L.137-2016, SEC.14.