N.Y. Estates, Powers & Trusts Law § 13-a-4.2: Custodian compliance and immunity

§ 13-A-4.2 Custodian compliance and immunity

(a) Not later than sixty days after receipt of the information

required under sections 13-A-3.1 through 13-A-4.1, a custodian shall

comply with a request under this article 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.

(b) An order under paragraph (a) directing compliance must contain a

finding that compliance is not in violation of 18 U.S.C. section 2702,

as amended.

(c) A custodian may notify the user that a request for disclosure or

to terminate an account was made under this article.

(d) A custodian may deny a request under this article 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.

(e) This article does not limit a custodian's ability to obtain or

require a fiduciary or designated recipient requesting disclosure or

termination under this article to obtain a court order which:

(1) specifies that an account belongs to the ward or principal;

(2) specifies that there is sufficient consent from the ward or

principal to support the requested disclosure; and

(3) contains a finding required by law other than this article.

(f) 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 article.