§ 2137.01 Definitions
§ 2137.02 Applicability
§ 2137.03 User direction for disclosure of digital assets
§ 2137.04 Terms-of-service agreement
§ 2137.05 Procedure of disclosing digital assets
§ 2137.06 Disclosure of content of electronic communications of deceased user
§ 2137.07 Disclosure of other digital assets of deceased user
§ 2137.08 Disclosure of content of electronic communications of principal
§ 2137.09 Disclosure of other digital Assets of principal
§ 2137.10 Disclosure of Digital assets held in trust when Trustee is original user
§ 2137.11 Disclosure of contents of electronic Communications held in trust when trustee not original user
§ 2137.12 Disclosure of other digital assets held in trust When trustee not original user
§ 2137.13 Disclosure of digital assets to guardian of ward
§ 2137.14 Fiduciary duty and authority
§ 2137.15 Custodian compliance and immunity
§ 2137.16 Uniformity of application and construction
§ 2137.17 Relation to Electronic Signatures in Global and National commerce Act
§ 2137.18 Severability

Terms Used In Ohio Code > Chapter 2137

  • 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 Ohio Code 2137.01
  • 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 a person granted authority to act for a principal under a power of attorney, whether denominated as agent, attorney in fact, or otherwise. See Ohio Code 2137.01
  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • 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 Ohio Code 2137.01
  • 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 Ohio Code 2137.01
  • Content of an electronic communication: means information concerning the substance or meaning of the communication that meets all of the following conditions:

    (1) It has been sent or received by a user. See Ohio Code 2137.01

  • Contract: A legal written agreement that becomes binding when signed.
  • 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 probate court for all matters in which the court has exclusive jurisdiction under section 2101. See Ohio Code 2137.01
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Ohio Code 2137.01
  • 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 Ohio Code 2137.01
  • Digital asset: means an electronic record in which an individual has a right or interest. See Ohio Code 2137.01
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Ohio Code 2137.01
  • Electronic-communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Ohio Code 2137.01
  • 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
  • Fiduciary: means an original, additional, or successor agent, guardian, personal representative, or trustee. See Ohio Code 2137.01
  • Fraud: Intentional deception resulting in injury to another.
  • guardian: includes , but is not limited to, a limited guardian, an interim guardian, a standby guardian, and an emergency guardian appointed pursuant to division (B) of section 2111. See Ohio Code 2137.01
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Ohio Code 2137.01
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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 Ohio Code 2137.01
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental agency or instrumentality, public corporation, or any other legal or commercial entity. See Ohio Code 2137.01
  • Personal property: All property that is not real property.
  • Personal representative: means an executor, administrator, special administrator, or other person acting under the authority of the probate court to perform substantially the same function under the law of this state. See Ohio Code 2137.01
  • Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal. See Ohio Code 2137.01
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Ohio Code 2137.01
  • Probate: Proving a will
  • Property: means real and personal property. See Ohio Code 1.59
  • 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 Ohio Code 2137.01
  • 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 Ohio Code 2137.01
  • state: means the state of Ohio. See Ohio Code 1.59
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Ohio Code 2137.01
  • Trustee: includes an original, additional, and successor trustee and a cotrustee. See Ohio Code 2137.01
  • User: means a person that has an account with a custodian. See Ohio Code 2137.01
  • Ward: includes a person for whom a conservator has been appointed by the probate court in an order of conservatorship issued pursuant to section 2111. See Ohio Code 2137.01