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A.R.S. § 14-13116

Digital Asset Custodian Compliance

Verified April 4, 202657th Legislature, 1st Regular Session

When a fiduciary properly requests access to a person's digital assets, the online platform must comply within sixty days. If they refuse, the fiduciary can ask a court for an order. The custodian is protected from liability when acting in good faith.

Title 14, REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

azleg.gov

The Sixty-Day Compliance Window

Getting access to a loved one's digital accounts after death or incapacity can feel like hitting a wall. Many online platforms have their own policies. Those policies do not always account for legal authority.

This statute puts a firm timeline on the process. Once a custodian receives the required documents, they have sixty days to comply.

Not later than sixty days after receipt of the information required under section 14-13107, 14-13108, 14-13109, 14-13110, 14-13111, 14-13112, 14-13113, 14-13114 or 14-13115, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

A.R.S. § 14-13116(A)

That sixty-day clock starts once the fiduciary submits all required paperwork. If the custodian still does not act, the fiduciary can go to court. A judge can then compel compliance.

This means fiduciaries have real leverage when dealing with unresponsive platforms. The enforcement tool is built into the statute.

Good Faith Protection for Custodians

The statute also protects the other side. Custodians and their officers, employees, and agents are immune from liability when they comply in good faith. That protection encourages cooperation.

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 chapter.

A.R.S. § 14-13116(F)

A platform that follows the rules faces no risk of a lawsuit from the account holder's family. As a result, custodians are more likely to cooperate with proper requests.

The custodian can deny a request if it learns of lawful access to the account after the fiduciary's request. The custodian can also ask for a court order to confirm the account belongs to the right person. These safeguards balance access for fiduciaries with privacy for account holders.

A. Not later than sixty days after receipt of the information required under section 14-13107, 14-13108, 14-13109, 14-13110, 14-13111, 14-13112, 14-13113, 14-13114 or 14-13115, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. B. An order under subsection A of this section directing compliance must contain a finding that compliance is not in violation of 18 United States Code section 2702. C. A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. D. A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. E. This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that does any of the following: 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. 3. Contains a finding required by law other than this chapter. 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 chapter.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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