{"data":{"id":"us-nm/46-13-15","jurisdiction":"us-nm","citation":"46-13-15","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:\n(1) the duty of care;\n(2) the duty of loyalty; and\n(3) the duty of confidentiality.\nB. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:\n(1) except as otherwise provided in Section 4 of the Revised Uniform Fiduciary Access to Digital Assets Act [46-13-4 NMSA 1978], is subject to the applicable terms of service;\n(2) is subject to other applicable law, including copyright law;\n(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and\n(4) may not be used to impersonate the user.\nC. A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.\nD. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including the Computer Crimes Act [30-45-1 to 30-45-7 NMSA 1978].\nE. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:\n(1) has the right to access the property and any digital asset stored in it; and\n(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including those offenses enumerated in the Computer Crimes Act.\nF. 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.\nG. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:\n(1) if the user is deceased, a certified copy of the death certificate of the user;\n(2) a certified copy of the letters of administration or letters testamentary of the personal representative or a small estate affidavit pursuant to the provisions of Section 45-3-1201 NMSA 1978, court order, power of attorney or trust giving the fiduciary authority over the account; and\n(3) if requested by the custodian:\n(a) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\n(b) evidence linking the account to the user; or\n(c) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in Subparagraph (a) of this paragraph.","path":["Chapter 46 - Fiduciaries and Trusts","ARTICLE 13 Revised Uniform Fiduciary Access to Digital Assets"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18547/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"25a9adfc0b816e4bbbf3bddcd903c2b66bbed020907400efb54cd9b40ed488eb","source_id":"us-nm","stale":false,"prev":"us-nm/46-13-14","next":"us-nm/46-13-16"},"notice":"GroundRules: Original legal text. Not legal advice."}