A. The Revised Uniform Fiduciary Access to Digital Assets Act applies to:
(1) a fiduciary acting under a will or power of attorney executed before, on or after July 1, 2017;
(2) a personal representative acting for a decedent who died before, on or after July 1, 2017;
(3) a conservatorship proceeding commenced before, on or after July 1, 2017; and
(4) a trustee acting under a trust created before, on or after July 1, 2017.
B. The Revised Uniform Fiduciary Access to Digital Assets Act applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
C. The Revised Uniform Fiduciary Access to Digital Assets Act does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
History: Laws 2017, ch. 72, § 3.
Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 3 effective January 1, 2018.
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 13 - Revised Uniform Fiduciary Access to Digital Assets
Section 46-13-1 - Short title.
Section 46-13-2 - Definitions.
Section 46-13-3 - Applicability.
Section 46-13-4 - User direction for disclosure of digital assets.
Section 46-13-5 - Terms-of-service agreement.
Section 46-13-6 - Procedure for disclosing digital assets.
Section 46-13-7 - Disclosure of content of electronic communications of deceased user.
Section 46-13-8 - Disclosure of other digital assets of a deceased user.
Section 46-13-9 - Disclosure of content of electronic communications of principal.
Section 46-13-10 - Disclosure of other digital assets of principal.
Section 46-13-11 - Disclosure of digital assets held in trust when trustee is an original user.
Section 46-13-14 - Disclosure of digital assets to conservator of a protected person.
Section 46-13-15 - Fiduciary duty and authority.
Section 46-13-16 - Custodian compliance and immunity.
Section 46-13-17 - Uniformity of application and construction.
Section 46-13-18 - Relation to Electronic Signatures in Global and National Commerce Act.