§ 3566. Custodian compliance and immunity
(a) Not later than 60 days after receipt of the information required by sections 3557-3565 of this title, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to the 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 to terminate an account was made under this chapter.
(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(e) This chapter shall not limit a custodian’s ability to obtain, or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain, a court order that:
(1) specifies that an account belongs to the person under guardianship or the principal;
(2) specifies that there is sufficient consent from the person under guardianship or the principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents shall be immune from liability for any act or omission done in good faith compliance with this chapter. (Added 2017, No. 13, § 1.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act
§ 3554. User direction for disclosure of digital assets
§ 3555. Terms-of-service agreement
§ 3556. Procedure for disclosing digital assets
§ 3557. Disclosures of content of electronic communications of deceased user
§ 3558. Disclosure of other digital assets of deceased user
§ 3559. Disclosure of content of electronic communications of principal
§ 3560. Disclosure of other digital assets of principal
§ 3561. Disclosure of digital assets held in trust when trustee is original user
§ 3563. Disclosure of other digital assets held in trust when trustee not original user
§ 3564. Disclosure of digital assets to guardian of person under guardianship
§ 3565. Fiduciary duty and authority
§ 3566. Custodian compliance and immunity
§ 3567. Uniformity of application and construction
§ 3568. Relation to electronic signatures in Global and National Commerce Act