NRS 722.430
Custodian compliance and immunity.

1.

Not later than 60 days after receipt of the information required under NRS 722.340 to 722.420, inclusive, 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, the fiduciary or designated recipient may apply to the court for an order directing compliance.

2.

An order under subsection 1 directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702.

3.

A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.

4.

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.

5.

This chapter does 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 which:

(a)

Specifies that an account belongs to the protected person or principal;

(b)

Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and

(c)

Contains a finding required by law other than this chapter.

6.

A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.

Source: Section 722.430 — Custodian compliance and immunity., https://www.­leg.­state.­nv.­us/NRS/NRS-722.­html#NRS722Sec430.

722.010
Short title. 722.020
Definitions. 722.030
“Account” defined. 722.040
“Agent” defined. 722.050
“Carries” defined. 722.060
“Catalogue of electronic communications” defined. 722.070
“Content of an electronic communication” defined. 722.080
“Court” defined. 722.090
“Custodian” defined. 722.100
“Designated recipient” defined. 722.110
“Digital asset” defined. 722.120
“Electronic” defined. 722.130
“Electronic communication” defined. 722.140
“Electronic communication service” defined. 722.150
“Fiduciary” defined. 722.160
“Guardian” defined. 722.170
“Information” defined. 722.180
“Online tool” defined. 722.190
“Person” defined. 722.200
“Personal representative” defined. 722.210
“Power of attorney” defined. 722.220
“Principal” defined. 722.230
“Protected person” defined. 722.240
“Record” defined. 722.250
“Remote-computing service” defined. 722.260
“Terms-of-service agreement” defined. 722.270
“Trustee” defined. 722.280
“User” defined. 722.290
“Will” defined. 722.300
Applicability. 722.310
User direction for disclosure of digital assets. 722.320
Terms-of-service agreement. 722.330
Procedure for disclosing digital assets. 722.340
Disclosure of contents of electronic communications of deceased user. 722.350
Disclosure of other digital assets of deceased user. 722.360
Disclosure of content of electronic communications of principal. 722.370
Disclosure of other digital assets of principal. 722.380
Disclosure of digital assets held in trust when trustee is original user. 722.390
Disclosure of content of electronic communications held in trust when trustee is not original user. 722.400
Disclosure of other digital assets held in trust when trustee is not original user. 722.410
Disclosure of digital assets to guardian of protected person. 722.420
Fiduciary duties and authority. 722.430
Custodian compliance and immunity. 722.440
Uniformity of application and construction. 722.450
Relation to Electronic Signatures in Global and National Commerce Act.
Last Updated

Jun. 24, 2021

§ 722.430’s source at nv​.us