72-31-409. Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) evidence linking the account to the principal.
History: En. Sec. 9, Ch. 286, L. 2017.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 31. Miscellaneous Provisions Relating to Fiduciaries
Part 4. Revised Uniform Fiduciary Access to Digital Assets Act
72-31-403. User direction for disclosure of digital assets
72-31-404. Terms-of-service agreement
72-31-405. Procedure for disclosing digital assets
72-31-406. Disclosure of content of electronic communications of deceased user
72-31-407. Disclosure of other digital assets of deceased user
72-31-408. Disclosure of content of electronic communications of principal
72-31-409. Disclosure of other digital assets of principal
72-31-410. Disclosure of digital assets held in trust when trustee is original user
72-31-412. Disclosure of other digital assets held in trust when trustee not original user
72-31-413. Disclosure of digital assets to conservator of protected person
72-31-414. Fiduciary duty and authority
72-31-415. Custodian compliance and immunity
72-31-416. Uniformity of application and construction
72-31-417. Relation to Electronic Signatures in Global and National Commerce Act