Terms Used In Iowa Code > Chapter 638 - Fiduciary Access to Digital Assets

• 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 Iowa Code 638.2
• 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.
• Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney under chapter 633B. See Iowa Code 638.2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Carries: means engages in the transmission of an electronic communication. See Iowa Code 638.2
• 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 Iowa Code 638.2
• Conservator: includes a person appointed to have the custody and control of the property of a ward in a limited conservatorship unless otherwise provided by order of the court. See Iowa Code 638.2
• 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 a district court in this state. See Iowa Code 638.2
• Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Iowa Code 638.2
• 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 Iowa Code 638.2
• Digital asset: means an electronic record in which an individual has a right or interest. See Iowa Code 638.2
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Iowa Code 638.2
• Electronic communication: has the meaning set forth in 18 U. See Iowa Code 638.2
• Electronic-communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Iowa Code 638.2
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means a personal representative, conservator, guardian, agent, or trustee. See Iowa Code 638.2
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• 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.
• Guardian: includes a person appointed to have the custody and care of the person of the ward in a limited guardianship unless otherwise provided by order of the court. See Iowa Code 638.2
• Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Iowa Code 638.2
• 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 Iowa Code 638.2
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Iowa Code 638.2
• Personal representative: means the same as defined in section 633. See Iowa Code 638.2
• Power of attorney: means the same as defined in section 633B. See Iowa Code 638.2
• 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 the same as defined in section 633B. See Iowa Code 638.2
• property: includes personal and real property. See Iowa Code 4.1
• 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 Iowa Code 638.2
• 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 Iowa Code 638.2
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Iowa Code 633D.2
• Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Iowa Code 638.2
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means the same as defined in section 633. See Iowa Code 638.2
• User: means a person that has an account with a custodian. See Iowa Code 638.2
• Ward: includes an individual for whom an application for the appointment of a conservator or guardian is pending and for which a court order authorizing access under this chapter has been granted. See Iowa Code 638.2