395A.160 Custodian compliance and authority.
258 words·~1 min read·
/ky/chapter-395a/395a-160A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Not later than sixty
(60)days after receipt of the information required under KRS
395A.070 to 395A.150, 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)of this section directing compliance shall contain a
finding that compliance is not in violation of 18 U.S.C. sec. 2702, as amended.
(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.