55-19-12. 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:
(1)A written request for disclosure in physical or electronic form;
(2)A certified copy of the trust instrument or a certification of the trust pursuant to §55-4-51 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; and
(4)If requested by the custodian:
(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b)Evidence linking the account to the trust.
Source: SL 2017, ch 209, §12.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 19 - Uniform Fiduciary Access To Digital Assets Act
Section 55-19-1 - Definitions.
Section 55-19-2 - Applicability generally.
Section 55-19-3 - Applicability to custodians and employer assets used by employee.
Section 55-19-4 - User direction for disclosure of digital assets.
Section 55-19-5 - Terms-of-service agreement.
Section 55-19-6 - Procedure for disclosing digital assets.
Section 55-19-7 - Disclosure of content of electronic communications of deceased user.
Section 55-19-8 - Disclosure of other digital assets of deceased user.
Section 55-19-9 - Disclosure of content of electronic communications of principal.
Section 55-19-10 - Disclosure of other digital assets of principal.
Section 55-19-11 - Disclosure of digital assets held in trust when trustee is original user.
Section 55-19-13 - Disclosure of other digital assets held in trust when trustee not original user.
Section 55-19-14 - Disclosure of assets to conservator of protected person.
Section 55-19-15 - Suspension or termination of account of protected person.
Section 55-19-16 - Fiduciary duties.
Section 55-19-17 - Fiduciary authority generally.
Section 55-19-20 - Fiduciary right of access to digital asset.
Section 55-19-21 - Disclosure of information by custodian to fiduciary.
Section 55-19-22 - Request for termination of user's account.
Section 55-19-23 - Custodian compliance.
Section 55-19-24 - Custodian notice to user.
Section 55-19-25 - Denial by custodian of request for disclosure or termination.
Section 55-19-26 - Custodian's ability to require court order.