15-14-116. CUSTODIAN COMPLIANCE AND IMMUNITY. (1) Not later than sixty (60) days after receipt of the information required under sections 15-14-107 through 15-14-115, Idaho Code, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or to terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702.
(3) A custodian may notify the user that a request for disclosure of digital assets or account termination was made pursuant to this chapter.
(4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or account termination if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(5) This chapter does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination to obtain a court order which:
(a) Specifies that an account belongs to the protected person or principal;
(b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(c) Contains a finding required by any other applicable law.
(6) A custodian and its officers, employees and agents are immune from liability for an act or omission done reasonably and in good faith compliance with this chapter.
History:
[15-14-116, added 2016, ch. 263, sec. 1, p. 692.]
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