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§ 15-615. Custodian compliance and immunity

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2016

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
Effective: October 1, 2016
MD Code, Estates and Trusts, § 15-615
§ 15-615. Custodian compliance and immunity
Timing of compliance with request
(a)(1) No later than 60 days after receipt of the information required under §§ 15-606 through 15-613 of this subtitle, a custodian shall comply with a request under this subtitle from a fiduciary or designated recipient to disclose digital assets or terminate an account.
(2) If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to a court for an order directing compliance.
Finding in orders directing compliance
(b) An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
Notification to user of request
(c) A custodian may notify the user that a request for disclosure or termination of an account was made under this subtitle.
Denials of request
(d) A custodian may deny a request under this subtitle from a fiduciary or designated recipient for disclosure of digital assets or termination of an account if the custodian is aware of any lawful access to the account following receipt of the fiduciary's request.
Requirement of court order
(e) This subtitle does not limit a custodian's ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination under this subtitle 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 or termination; and
(3) Contains a finding required by law other than this subtitle.
Immunity
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this subtitle.

Credits

Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-615, MD EST & TRST § 15-615
Current through all legislation from the 2019 Regular Session of the General Assembly.
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