(a) (1) No later than 60 days after receipt of the information required under §§ 15–606 through 15–613 of this subtitle, a custodian shall comply with a request under this subtitle from a fiduciary or designated recipient to disclose digital assets or terminate an account.
(2) If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to a court for an order directing compliance.
(b) An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
(c) A custodian may notify the user that a request for disclosure or termination of an account was made under this subtitle.
(d) A custodian may deny a request under this subtitle from a fiduciary or designated recipient for disclosure of digital assets or termination of an account if the custodian is aware of any lawful access to the account following receipt of the fiduciary’s request.
(e) This subtitle does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or termination under this subtitle to obtain a court order that:
(1) Specifies that an account belongs to the protected person or principal;
(2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure or termination; and
(3) Contains a finding required by law other than this subtitle.
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this subtitle.
Structure Maryland Statutes
Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act
Section 15-603 - Direction to Disclose Information
Section 15-604 - Right to Access Digital Assets
Section 15-605 - Disclosure of Digital Assets
Section 15-606 - Deceased Users -- Disclosures to Personal Representative
Section 15-608 - Disclosures by Custodian by Agent; Requirements
Section 15-609 - Disclosures by Custodian by Agent -- Catalogue of Electronic Communications
Section 15-610 - Disclosure of Digital Assets of Account Held in Trust -- to Original User Trustee
Section 15-613 - Disclosures to Guardians of Protected Persons
Section 15-614 - Rights and Duties of Fiduciaries
Section 15-617 - Construction With Federal Electronic Signatures in Global and National Commerce Act