(a) Not later than 60 days after receipt of the information required under Sections 19-1A-7 to 19-1A-15, inclusive, 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, and such other relief allowed under the law of this state.
Attorney's Note
Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
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Terms Used In Alabama Code 19-1A-16
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702, as amended.(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.(d) 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.(e) 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:
(1) specifies that an account belongs to the protected person or principal;(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and(3) contains a finding required by law other than this chapter.(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith compliance with this chapter.
