§ 72-31-401 Short title
§ 72-31-402 Definitions
§ 72-31-403 User direction for disclosure of digital assets
§ 72-31-404 Terms-of-service agreement
§ 72-31-405 Procedure for disclosing digital assets
§ 72-31-406 Disclosure of content of electronic communications of deceased user
§ 72-31-407 Disclosure of other digital assets of deceased user
§ 72-31-408 Disclosure of content of electronic communications of principal
§ 72-31-409 Disclosure of other digital assets of principal
§ 72-31-410 Disclosure of digital assets held in trust when trustee is original user
§ 72-31-411 Disclosure of contents of electronic communications held in trust when trustee not original user
§ 72-31-412 Disclosure of other digital assets held in trust when trustee not original user
§ 72-31-413 Disclosure of digital assets to conservator of protected person
§ 72-31-414 Fiduciary duty and authority
§ 72-31-415 Custodian compliance and immunity
§ 72-31-416 Uniformity of application and construction
§ 72-31-417 Relation to Electronic Signatures in Global and National Commerce Act
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Terms Used In Montana Code > Title 72 > Chapter 31 > Part 4 - Revised Uniform Fiduciary Access to Digital Assets Act

  • 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
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Carries: means engages in the transmission of an electronic communication. See Montana Code 72-31-402
  • 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 Montana Code 72-31-402
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Conservator: means a person appointed by a court to manage the estate of a living individual. See Montana Code 72-31-402
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Decedent: A deceased person.
  • 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
  • Digital asset: means an electronic record in which an individual has a right or interest. See Montana Code 72-31-402
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 72-31-402
  • Electronic communication: has the meaning set forth in 18 U. See Montana Code 72-31-402
  • Electronic-communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Montana Code 72-31-402
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. 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
  • Personal property: All property that is not real property.
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this part. See Montana Code 72-31-402
  • Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Montana Code 72-31-402
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Montana Code 72-31-402
  • Property: means real and personal property. See Montana Code 1-1-205
  • Protected person: means an individual for whom a conservator has been appointed. See Montana Code 72-31-402
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 72-31-402
  • Remote-computing service: means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U. 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
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Montana Code 72-31-402
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Montana Code 72-31-402
  • User: means a person that has an account with a custodian. See Montana Code 72-31-402
  • Writing: includes printing. See Montana Code 1-1-203