36F-12. Disclosure of contents of electronic communications held in trust when trustee 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 the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
(2) A verified copy of the trust instrument, or a certification of the trust under G.S. 36C-10-1013, that includes consent to disclosure of the content of electronic communications to the trustee.
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.
(4) If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account.
b. Evidence linking the account to the trust. (2016-53, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 36F - Revised Uniform Fiduciary Access to Digital Assets Act
§ 36F-4 - User direction for disclosure of digital assets.
§ 36F-5 - Terms-of-service agreement.
§ 36F-6 - Procedure for disclosing digital assets.
§ 36F-7 - Disclosure of content of electronic communications of deceased user.
§ 36F-8 - Disclosure of other digital assets of deceased user.
§ 36F-9 - Disclosure of content of electronic communications of principal.
§ 36F-10 - Disclosure of other digital assets of principal.
§ 36F-11 - Disclosure of digital assets held in trust when trustee is original user.
§ 36F-13 - Disclosure of other digital assets held in trust when trustee not original user.
§ 36F-14 - Disclosure of digital assets to guardian of ward.
§ 36F-15 - Fiduciary duty and authority.
§ 36F-16 - Custodian compliance and immunity.
§ 36F-17 - Uniformity of application and construction.
§ 36F-18 - Relation to Electronic Signatures in Global and National Commerce Act.