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§ 64.2-127 Disclosure of other digital assets held in trust when trustee is not original user

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 catalog 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:

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

2. A certified copy of the trust instrument or a certification of the trust under § 64.2-804;

3. A certification by the trustee that the trust exists and the trustee is a currently acting trustee of the trust; and

4. If requested by the custodian: a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or b. Evidence linking the account to the trust.

History

This law was first created in 2017. The record of its establishment is cataloged in chapters 33 and 80 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.

2017, cc. 33, 80.

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