Section 46-13-13 - Disclosure of other digital assets held in trust when trustee is not an original user.

NM Stat § 46-13-13 (2019) (N/A)

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Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

A. a written request for disclosure in physical or electronic form;

B. a certified copy of the trust instrument or a certified copy of the trust instrument or a certification of trust under Section 46A-10-1013 NMSA 1978;

C. a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

D. if requested by the custodian:

(1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(2) evidence linking the account to the trust.

History: Laws 2017, ch. 72, § 13.

Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 13 effective January 1, 2018.

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