FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (EXCERPT)
Act 59 of 2016
700.1013 Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a digital custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the digital custodian in the account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the digital custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
(b) A certificate of the trust under section 7913 of the estates and protected individuals code, 1998 PA 386, MCL 700.7913.
(c) A certification of the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust.
(d) If requested by the digital custodian, any of the following:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the digital custodian to identify the trust's account.
(ii) Evidence linking the account to the trust.
History: 2016, Act 59, Eff. June 27, 2016
© 2017 Legislative Council, State of Michigan