§ 75-11-101 Title
§ 75-11-102 Definitions
§ 75-11-103 Applicability
§ 75-11-104 User direction for disclosure of digital assets
§ 75-11-105 Terms of service agreement
§ 75-11-106 Procedure for disclosing digital assets
§ 75-11-107 Disclosure of content of electronic communications of deceased user
§ 75-11-108 Disclosure of other digital assets of deceased user
§ 75-11-109 Disclosure of content of electronic communications of principal
§ 75-11-110 Disclosure of other digital assets of principal
§ 75-11-111 Disclosure of digital assets held in trust when trustee is original user
§ 75-11-112 Disclosure of contents of electronic communications held in trust when trustee not original user
§ 75-11-113 Disclosure of other digital assets held in trust when trustee not original user
§ 75-11-114 Disclosure of digital assets to conservator or guardian of protected person
§ 75-11-115 Fiduciary duty and authority
§ 75-11-116 Custodian compliance and immunity
§ 75-11-117 Uniformity of application and construction
§ 75-11-118 Relation to Electronic Signatures in Global and National Commerce Act
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Terms Used In Utah Code > Title 75 > Chapter 11 - 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 Utah Code 75-11-102
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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. See Utah Code 75-11-102
  • 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 Utah Code 75-11-102
  • 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 Utah Code 75-11-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Community action agency: means a local subdivision of the state, a combination of political subdivisions, a separate public agency, or a private nonprofit agency, which:
    (a) has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the state; and
    (b) is designated as a community action agency by federal law, federal regulations, or the governor. See Utah Code 35A-8-1002
  • Community action statewide organization: means community action programs, organized on a statewide basis, to enhance the capability of community action agencies. See Utah Code 35A-8-1002
  • Community Services Block Grant: means the Federal Community Services Block Grant Act, 42 U. See Utah Code 35A-8-1002
  • Conservator: includes a limited conservator. See Utah Code 75-11-102
  • Content of an electronic communication: means information concerning the substance or meaning of the communication that:
    (a) has been sent or received by a user;
    (b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
    (c) is not readily accessible to the public. See Utah Code 75-11-102
  • 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 district court. See Utah Code 75-11-102
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
  • Decedent: A deceased person.
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75-11-102
  • Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75-11-102
  • Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
  • Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Utah Code 75-11-102
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75-11-102
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: includes a limited guardian. See Utah Code 75-11-102
  • 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.
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75-11-102
  • 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.
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 35A-8-101
  • Office: means the State Community Services Office created in Section 35A-8-1003. See Utah Code 35A-8-1002
  • 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 Utah Code 75-11-102
  • 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, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-11-102
  • Person: means :Utah Code 68-3-12.5
  • Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75-11-102
  • Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75-11-102
  • 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 Utah Code 75-11-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75-11-102
  • Public assistance: means :
    (a) services or benefits provided under Chapter 3, Employment Support Act;
    (b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
    (c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
    (d) SNAP benefits; and
    (e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
  • 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 Utah Code 75-11-102
  • 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 Utah Code 75-11-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 75-11-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trustee: includes a successor trustee. See Utah Code 75-11-102
  • Trustee: A person or institution holding and administering property in trust.
  • User: means a person that has an account with a custodian. See Utah Code 75-11-102
  • Writing: includes :Utah Code 68-3-12.5