Section 472.475

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2018   

  472.475.  Time period to comply with disclosure requests — denial of request — court order for disclosure or termination — immunity from liability, when. — 1.  Not later than sixty days after receipt of the information required under sections 472.430 to 472.470, a custodian shall comply with a request under sections 472.400 to 472.490 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. Section 2702, as amended.

  3.  A custodian may notify the user that a request for disclosure or to terminate an account was made under sections 472.400 to 472.490.

  4.  A custodian may deny a request under sections 472.400 to 472.490 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.  Sections 472.400 to 472.490 do not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under such sections to obtain a court order which:

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

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

  (3)  Contains a finding required by law other than as provided under sections 472.400 to 472.490.

  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 sections 472.400 to 472.490.

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(L. 2018 H.B. 1250)