{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-130.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-130.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-130.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-130.html"}],"law_id":84998,"edition_id":1,"section_id":84998,"structure_id":14246,"section_number":"64.2-130","catch_line":"Custodian compliance and immunity","history":"2017, cc. 33, 80.","full_text":"A\n\nNot later than 60 days after receipt of the information required under §§ 64.2-121 through 64.2-129, a custodian shall comply with a request under this article 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\n\nAn order under subsection A directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.C\n\nA custodian may notify the user that a request for disclosure or to terminate an account was made under this article.D\n\nA custodian may deny a request under this article 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\n\nThis article does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this article to obtain a court order that:1\n\nSpecifies that an account belongs to a protected person or principal;2\n\nSpecifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and3\n\nContains a finding required by law other than this article.F\n\nA custodian and its officer, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this article.","order_by":null,"text":{"0":{"id":304665,"text":"Not later than 60 days after receipt of the information required under §§ 64.2-121 through 64.2-129, a custodian shall comply with a request under this article 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304666,"text":"An order under subsection A directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304667,"text":"A custodian may notify the user that a request for disclosure or to terminate an account was made under this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":304668,"text":"A custodian may deny a request under this article 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":304669,"text":"This article does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this article to obtain a court order that:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":304670,"text":"Specifies that an account belongs to a protected person or principal;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":304671,"text":"Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":304672,"text":"Contains a finding required by law other than this article.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"8":{"id":304673,"text":"A custodian and its officer, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this article.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3"}},"ancestry":[{"id":14246,"edition_id":1,"name":"Uniform Fiduciary Access to Digital Assets Act","identifier":"3.1","label":"article","depth":4,"order_by":1,"parent_id":13832,"metadata":{},"date_created":"2026-06-26 03:47:26","date_modified":"2026-06-26 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This law was first created in 2017. The record of its establishment is cataloged in chapters 33<\/a> and 80<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":73213,"section_number":"64.2-121","catch_line":"Disclosure of content of electronic communications of deceased user","order_by":null,"url":"\/64.2-121\/"},{"id":73384,"section_number":"64.2-129","catch_line":"Fiduciary duty and authority","order_by":null,"url":"\/64.2-129\/"}],"permalink":{"id":272899,"object_type":"law","relational_id":84998,"identifier":"64.2-130","token":"64.2\/I\/1\/3.1\/64.2-130","url":"\/64.2-130\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-130\/","token":"64.2\/I\/1\/3.1\/64.2-130","dublin_core":{"Title":"Custodian compliance and immunity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-130","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Not later than 60 days after receipt of the information<\/span> required under §§ 64.2-121<\/a> through 64.2-129<\/a>, a custodian<\/span> shall comply with a request under this article from a fiduciary<\/span> or designated recipient<\/span> to disclose digital assets<\/span> or terminate an account<\/span>. If the custodian<\/span> fails to comply, the fiduciary<\/span> or designated recipient<\/span> may apply to the court<\/span> for an order<\/span> directing compliance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An order<\/span> under subsection A directing compliance shall contain a finding<\/span> that compliance is not in violation of 18 U.S.C. § 2702. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A custodian<\/span> may notify the user<\/span> that a request for disclosure or to terminate an account<\/span> was made under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A custodian<\/span> may deny a request under this article from a fiduciary<\/span> or designated recipient<\/span> for disclosure of digital assets<\/span> or to terminate an account<\/span> if the custodian<\/span> is aware of any lawful access to the account<\/span> following the receipt of the fiduciary<\/span>’s request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This article does not limit a custodian<\/span>’s ability to obtain or require a fiduciary<\/span> or designated recipient<\/span> requesting disclosure or termination under this article to obtain a court order<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Specifies that an account<\/span> belongs to a protected person<\/span> or principal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Specifies that there is sufficient consent from the protected person<\/span> or principal<\/span> to support the requested disclosure; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Contains a finding<\/span> required by law<\/span> other than this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A custodian<\/span> and its officer, employees, and agents<\/span> are immune from liability for an act or omission done in good faith in compliance with this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCUSTODIAN COMPLIANCE AND IMMUNITY (\u00a7 64.2-130)\n\nA. Not later than 60 days after receipt of the information required under\n§§ 64.2-121 through 64.2-129, a custodian shall comply with a request\nunder this article from a fiduciary or designated recipient to disclose digital\nassets or terminate an account. If the custodian fails to comply, the fiduciary\nor designated recipient may apply to the court for an order directing\ncompliance.\n\nB. An order under subsection A directing compliance shall contain a finding that\ncompliance is not in violation of 18 U.S.C. § 2702.\n\nC. A custodian may notify the user that a request for disclosure or to terminate\nan account was made under this article.\n\nD. A custodian may deny a request under this article from a fiduciary or\ndesignated recipient for disclosure of digital assets or to terminate an account\nif the custodian is aware of any lawful access to the account following the\nreceipt of the fiduciary’s request.\n\nE. This article does not limit a custodian’s ability to obtain or require\na fiduciary or designated recipient requesting disclosure or termination under\nthis article to obtain a court order that:\n\n 1. Specifies that an account belongs to a protected person or principal;\n\n 2. Specifies that there is sufficient consent from the protected person or\n principal to support the requested disclosure; and\n\n 3. Contains a finding required by law other than this article.\n\nF. A custodian and its officer, employees, and agents are immune from liability\nfor an act or omission done in good faith in compliance with this article.\n\nHISTORY: 2017, cc. 33, 80.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}