Okla. Stat. tit. 58, § 58-3115
This is the official text of Okla. Stat. tit. 58, § 58-3115, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Fiduciary duties and authority
Official statutory text
A. The legal duties imposed on a fiduciary charged with
managing tangible property apply to the management of digital
assets, including:
Oklahoma Statutes - Title 58. Probate Procedure Page 201
1. The duty of care;
2. The duty of loyalty; and
3. The duty of confidentiality.
B. A fiduciary's or designated recipient's authority with
respect to a digital asset of a user:
1. Except as otherwise provided in Section 4 of this act, is
subject to the applicable terms of service;
2. Is subject to other applicable law, including copyright law;
3. In the case of a fiduciary, is limited by the scope of the
fiduciary's duties; and
4. May not be used to impersonate the user.
C. A fiduciary with authority over the property of a decedent,
protected person, principal, or settlor has the right to access any
digital asset in which the decedent, protected person, principal, or
settlor had a right or interest and that is not held by a custodian
or subject to a terms-of-service agreement.
D. A fiduciary acting within the scope of the fiduciary's
duties is an authorized user of the property of the decedent,
protected person, principal, or settlor for the purpose of
applicable computer fraud and unauthorized computer access laws.
E. A fiduciary with authority over the tangible, personal
property of a decedent, protected person, principal, or settlor:
1. Has the right to access the property and any digital asset
stored in it; and
2. Is an authorized user for the purpose of computer fraud and
unauthorized computer access laws.
F. A custodian may disclose information in an account to a
fiduciary of the user when the information is required to terminate
an account used to access digital assets licensed to the user.
G. A fiduciary of a user may request a custodian to terminate
the user's account. A request for termination must be in writing,
in either physical or electronic form, and accompanied by:
1. If the user is deceased, a certified copy of the death
certificate of the user;
2. A certified copy of the letter of appointment of the
representative, court order, power of attorney, or trust giving the
fiduciary authority over the account; and
3. If requested by the custodian:
a. a number, username, address, or other unique
subscriber or account identifier assigned by the
custodian to identify the user's account,
b. evidence linking the account to the user, or
c. a finding by the court that the user had a specific
account with the custodian, identifiable by the
information specified in subparagraph a of paragraph 3
of subsection G of this section.
managing tangible property apply to the management of digital
assets, including:
Oklahoma Statutes - Title 58. Probate Procedure Page 201
1. The duty of care;
2. The duty of loyalty; and
3. The duty of confidentiality.
B. A fiduciary's or designated recipient's authority with
respect to a digital asset of a user:
1. Except as otherwise provided in Section 4 of this act, is
subject to the applicable terms of service;
2. Is subject to other applicable law, including copyright law;
3. In the case of a fiduciary, is limited by the scope of the
fiduciary's duties; and
4. May not be used to impersonate the user.
C. A fiduciary with authority over the property of a decedent,
protected person, principal, or settlor has the right to access any
digital asset in which the decedent, protected person, principal, or
settlor had a right or interest and that is not held by a custodian
or subject to a terms-of-service agreement.
D. A fiduciary acting within the scope of the fiduciary's
duties is an authorized user of the property of the decedent,
protected person, principal, or settlor for the purpose of
applicable computer fraud and unauthorized computer access laws.
E. A fiduciary with authority over the tangible, personal
property of a decedent, protected person, principal, or settlor:
1. Has the right to access the property and any digital asset
stored in it; and
2. Is an authorized user for the purpose of computer fraud and
unauthorized computer access laws.
F. A custodian may disclose information in an account to a
fiduciary of the user when the information is required to terminate
an account used to access digital assets licensed to the user.
G. A fiduciary of a user may request a custodian to terminate
the user's account. A request for termination must be in writing,
in either physical or electronic form, and accompanied by:
1. If the user is deceased, a certified copy of the death
certificate of the user;
2. A certified copy of the letter of appointment of the
representative, court order, power of attorney, or trust giving the
fiduciary authority over the account; and
3. If requested by the custodian:
a. a number, username, address, or other unique
subscriber or account identifier assigned by the
custodian to identify the user's account,
b. evidence linking the account to the user, or
c. a finding by the court that the user had a specific
account with the custodian, identifiable by the
information specified in subparagraph a of paragraph 3
of subsection G of this section.
Status: in_force · Read it on the official government site
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