Sec. 2001.202. AUTHORITY TO TERMINATE ACCOUNT. (a) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(b) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in physical or electronic form, and accompanied by:
(1) if the user is deceased, a certified copy of the death certificate of the user; and
(2) one of the following giving the fiduciary authority over the account:
(A) a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order;
(B) a power of attorney; or
(C) the trust instrument.
(c) In addition to the items required to accompany a termination request under Subsection (b), the fiduciary shall provide the following if requested by the custodian:
(1) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) evidence linking the account to the user; or
(3) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in Subdivision (1).
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
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