{"data":{"id":"us-nc/n.c.-gen.-stat.-36f-2","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 36F-2","heading":"Definitions.","body":"The following definitions apply in this Chapter:\n(1)\tAccount. - An arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.\n(2)\tAgent. - An attorney-in-fact granted authority under a durable or nondurable power of attorney.\n(3)\tCarries. - Engages in the transmission of an electronic communication.\n(4)\tCatalogue of electronic communications. - Information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.\n(5)\tReserved.\n(6)\tContent of an electronic communication. - Information concerning the substance or meaning of the communication which meets all of the following:\na.\tHas been sent or received by a user.\nb.\tIs in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public.\nc.\tIs not readily accessible to the public.\n(7)\tCourt. - The clerk of superior court or superior court judge, as provided in G.S. 1-7, or other court having competent jurisdiction over the estate, trust, fiduciary, or user, as applicable, or other matters relating to the content of this Chapter.\n(8)\tCustodian. - A person that carries, maintains, processes, receives, or stores a digital asset of a user.\n(9)\tDesignated recipient. - A person chosen by a user using an online tool to administer digital assets of the user.\n(10)\tDigital asset. - An electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.\n(11)\tElectronic. - Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.\n(12)\tElectronic communication. - Has the meaning set forth in 18 U.S.C. § 2510(12).\n(13)\tElectronic-communication service. - A custodian that provides to a user the ability to send or receive an electronic communication.\n(14)\tFiduciary. - An original, additional, or successor personal representative, guardian, agent, or trustee.\n(14a)\tGuardian. - A person appointed by a court to manage the estate of a living individual. The term includes a general guardian, a guardian of the estate, an interim guardian, and a standby guardian appointed under Chapter 35A of the General Statutes.\n(15)\tInformation. - Data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.\n(16)\tOnline tool. - An electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.\n(17)\tPerson. - An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, business trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity.\n(18)\tPersonal representative. - An executor, administrator, special administrator, or person that performs substantially the same function under a law of this State other than this Chapter.\n(19)\tPower of attorney. - A record that grants an agent authority to act in the place of a principal.\n(20)\tPrincipal. - An individual who grants authority to an agent in a power of attorney.\n(21)\tReserved.\n(22)\tRecord. - Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.\n(23)\tRemote-computing service. - A custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic-communications system, as defined in 18 U.S.C. § 2510(14).\n(24)\tTerms-of-service agreement. - An agreement that controls the relationship between a user and a custodian.\n(25)\tTrustee. - A fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes an original, additional, and successor trustee, whether or not confirmed by a court.\n(26)\tUser. - A person that has an account with a custodian.\n(26a)\tWard. - An individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending.\n(27)\tWill. - Includes a codicil, a testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument. (2016-53, s. 1; 2017-102, s. 12.1(a).)","path":["Chapter 36F. Revised Uniform Fiduciary Access to Digital Assets Act."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_36F/GS_36F-2.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:01:32Z","sha256":"06574d3eb4eec7e99f0d242faea895d65db27f6369b5870ad7701f8ef51b04cc","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-36f-1","next":"us-nc/n.c.-gen.-stat.-36f-3"},"notice":"GroundRules: Original legal text. Not legal advice."}