§ 47-36-01 Definitions
§ 47-36-02 Applicability
§ 47-36-03 User direction for disclosure of digital assets
§ 47-36-04 Terms-of-service agreement
§ 47-36-05 Procedure for disclosing digital assets
§ 47-36-06 Disclosure of content of electronic communications of deceased user
§ 47-36-07 Disclosure of other digital assets of deceased user
§ 47-36-08 Disclosure of content of electronic communications of principal
§ 47-36-09 Disclosure of other digital assets of principal
§ 47-36-10 Disclosure of digital assets held in trust when trustee is original user
§ 47-36-11 Disclosure of contents of electronic communications held in trust when trustee not original user
§ 47-36-12 Disclosure of other digital assets held in trust when trustee not original user
§ 47-36-13 Disclosure of digital assets to conservator or guardian of protected person
§ 47-36-14 Fiduciary duty and authority
§ 47-36-15 Custodian compliance and immunity
§ 47-36-16 Uniformity of application and construction
§ 47-36-17 Relation to Electronic Signatures in Global and National Commerce Act

Terms Used In North Dakota Code > Chapter 47-36 - Uniform Fiduciary Access to Digital Assets Act

  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • 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.
  • Decedent: A deceased person.
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes administrator and "administrator" includes executor. See North Dakota Code 1-01-49
  • Fiduciary: A trustee, executor, or administrator.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • 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.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • 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
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Trustee: A person or institution holding and administering property in trust.
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37