Montana Code 72-31-415. Custodian compliance and immunity
72-31-415. Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under 72-31-406 through 72-31-414, a custodian shall comply with a request under this part 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.
Terms Used In Montana Code 72-31-415
- 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 Montana Code 72-31-402
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the district court having jurisdiction in matters relating to the content of this part. See Montana Code 72-31-402
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Montana Code 72-31-402
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Montana Code 72-31-402
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor personal representative, conservator, agent, or trustee. See Montana Code 72-31-402
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Montana Code 72-31-402
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Montana Code 72-31-402
- Principal: means an individual who grants authority to an agent in a power of attorney. See Montana Code 72-31-402
- Protected person: means an individual for whom a conservator has been appointed. See Montana Code 72-31-402
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- User: means a person that has an account with a custodian. See Montana Code 72-31-402
(2)An order under subsection (1) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702, as amended.
(3)A custodian may notify the user that a request for disclosure or to terminate an account was made under this part.
(4)A custodian may deny a request under this part 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 part does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this part to obtain a court order which:
(a)specifies that an account belongs to the protected person or principal;
(b)specifies that 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 part.
(6)(a) Except as provided in subsection (6)(b), 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 part.
(b)The immunity in subsection (6)(a) does not apply to actions against the state or a political subdivision of the state.