{"data":{"id":"us-ar/ark.-code-ann.-28-75-115","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 28-75-115","heading":"Fiduciary duty and authority","body":"(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary's authority with respect to a digital asset of a user: (1) except as otherwise provided in § 28-75-104 , 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, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, 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, ward, 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, ward, 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 Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order 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 (3)(A). Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.\n\n(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality.\n\n(1) the duty of care;\n\n(2) the duty of loyalty; and\n\n(3) the duty of confidentiality.\n\n(b) A fiduciary's authority with respect to a digital asset of a user: (1) except as otherwise provided in § 28-75-104 , 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.\n\n(1) except as otherwise provided in § 28-75-104 , is subject to the applicable terms of service;\n\n(2) is subject to other applicable law, including copyright law;\n\n(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and\n\n(4) may not be used to impersonate the user.\n\n(c) A fiduciary with authority over the property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.\n\n(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.\ngital asset in which the decedent, ward, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.\n\n(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.\n\n(e) A fiduciary with authority over the tangible, personal property of a decedent, ward, 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.\n\n(1) has the right to access the property and any digital asset stored in it; and\n\n(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.\n\n(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.\n\n(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 Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order 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 (3)(A).\n\n(1) if the user is deceased, a certified copy of the death certificate of the user;\n\n(2) a certified copy of the Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order giving the fiduciary authority over the account; and\n\n(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 (3)(A).\n\n(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\n\n(B) evidence linking the account to the user; or\n\n(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (3)(A).","path":["AR Code","Title 28","Chapter 28"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"bc67858d4987682693c8d190ac7ac4044390174eb52760927c6a896efab842b1","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-28-75-114","next":"us-ar/ark.-code-ann.-28-75-116"},"notice":"GroundRules: Original legal text. Not legal advice."}