Virginia Code 64.2-116: Definitions
As used in this article, unless the context requires otherwise:
Terms Used In Virginia Code 64.2-116
- 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 Virginia Code 64.2-116
- Adult: means a person 18 years of age or more. See Virginia Code 1-203
- Agent: includes an original agent, a coagent, a successor agent, and a person to which an agent's authority is delegated. See Virginia Code 64.2-116
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Carries: means engages in the transmission of an electronic communication. See Virginia Code 64.2-116
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Conservator: includes a limited conservator. See Virginia Code 64.2-116
- 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 circuit court for the county or city having jurisdiction over the fiduciary in matters relating to the content of this article. See Virginia Code 64.2-116
- Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See Virginia Code 64.2-116
- Digital asset: means an electronic record in which an individual has a right or interest. See Virginia Code 64.2-116
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 64.2-116
- Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Virginia Code 64.2-116
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Virginia Code 64.2-116
- 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 limited guardian. See Virginia Code 64.2-116
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or something that is substantially similar. See Virginia Code 64.2-116
- 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 Virginia Code 64.2-116
- Person: means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity. See Virginia Code 64.2-116
- Personal representative: means an executor, administrator, curator, designated successor or successor under the Virginia Small Estate Act (§ 64. See Virginia Code 64.2-116
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Virginia Code 64.2-116
- 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 Virginia Code 64.2-116
- 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 Virginia Code 64.2-116
- 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 Virginia Code 64.2-116
- Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Virginia Code 64.2-116
- Trustee: includes a successor trustee. See Virginia Code 64.2-116
- Trustee: A person or institution holding and administering property in trust.
- User: means a person that has an account with a custodian. See Virginia Code 64.2-116
“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.
“Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. “Agent” includes an original agent, a coagent, a successor agent, and a person to which an agent’s authority is delegated.
“Carries” means engages in the transmission of an electronic communication.
“Catalog 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.
“Conservator” means a person appointed by a court to manage the estate of a living individual. “Conservator” includes a limited conservator.
“Content of an electronic communication” means information concerning the substance or meaning of the communication that (i) has been sent or received by a user; (ii) 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 (iii) is not readily accessible to the public.
“Court” means the circuit court for the county or city having jurisdiction over the fiduciary in matters relating to the content of this article.
“Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of a user.
“Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.
“Digital asset” means an electronic record in which an individual has a right or interest. “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
“Electronic communication” has the same meaning as the definition provided in 18 U.S.C. § 2510(12).
“Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.
“Fiduciary” means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee.
“Guardian” means a person appointed by a court to manage the person of a living individual adult pursuant to Chapter 20 (§ 64.2-2000 et seq.) or a person appointed by a court to manage the estate of a minor pursuant to Chapter 17 (§ 64.2-1700 et seq.). “Guardian” includes a limited guardian.
“Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or something that is substantially similar.
“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.
“Person” means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.
“Personal representative” means an executor, administrator, curator, designated successor or successor under the Virginia Small Estate Act (§ 64.2-600 et seq.), or person that performs substantially the same function under the laws of the Commonwealth other than this article.
“Power of attorney” means a record that grants an agent authority to act in the place of a principal.
“Principal” means an individual who grants authority to an agent in a power of attorney.
“Protected person” means an individual for whom a conservator or guardian has been appointed. “Protected person” includes an individual for whom an application for the appointment of a conservator or guardian is pending.
“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.
“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.S.C. § 2510(14).
“Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.
“Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. “Trustee” includes a successor trustee.
“User” means a person that has an account with a custodian.
“Will” includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.