New Mexico § 46-13-2 - Definitions
Full text of New Mexico New Mexico Statutes Annotated § 46-13-2 — Definitions, with citation guidance and answers to common questions.
§ 46-13-2. Definitions
As used in the Revised Uniform Fiduciary Access to Digital Assets Act: A. “ account ” means 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; B. “ agent ” means an attorney-in-fact granted authority under a durable or nondurable power
of attorney; C. “ carries ” means engages in the transmission of an electronic communication; D. “ catalogue of electronic communications ” means 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; E. “ conservator ” means a person appointed by a court to manage the estate of a living individual. The term includes a limited conservator; F. “ content of an electronic communication ” means information concerning the substance or meaning of the communication that: (1) has been sent or received by a user; (2) is 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; and (3) is not readily accessible to the public; G. “ court ” means the district court; H. “ custodian ” means a person that carries, maintains, processes, receives or stores a digital
asset of a user; I. “ designated recipient ” means a person chosen by a user using an online tool to administer digital assets
of the user; J. “ digital asset ” means 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; K. “ electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic or similar capabilities; L. “ electronic communication ” has the meaning set forth in 18 U.S.C. Section 2510(12) , as amended; M. “ electronic-communication service ” means a custodian that provides to a user the ability to send or receive an electronic
communication; N. “ fiduciary ” means an original, additional or successor personal representative, conservator,
agent or trustee; O. “ information ” means data, text, images, videos, sounds, codes, computer programs, software, databases
or the like; P. “ online tool ” means 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; Q. “ person ” means an individual, estate, partnership, association, trust, business or nonprofit
entity, public corporation, government or governmental subdivision, agency or instrumentality
or other legal or commercial entity; R. “ personal representative ” means an executor, administrator, special administrator or person that performs
substantially the same function under law of this state other than the Revised Uniform
Fiduciary Access to Digital Assets Act; S. “ power of attorney ” means a record that grants an agent authority to act in the place of a principal; T. “ principal ” means an individual who grants authority to an agent in a power of attorney; U. “ protected person ” means an individual for whom a conservator has been appointed. The term includes an individual for whom an application for the appointment of a
conservator is pending; V. “ record ” means information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form; W. “ remote-computing service ” means 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. Section 2510(14) , as amended; X. “ terms-of-service agreement ” means an agreement that controls the relationship between a user and a custodian; Y. “ trustee ” means a fiduciary with legal title to property under an agreement or declaration
that creates a beneficial interest in another. The term includes a successor trustee; Z. “ user ” means a person that has an account with a custodian; and AA. “ will ” includes a codicil, testamentary instrument that only appoints an executor and instrument
that revokes or revises a testamentary instrument.
Frequently Asked Questions About New Mexico § 46-13-2
What does New Mexico Statutes Annotated § 46-13-2 cover?
Section 46-13-2 ("Definitions") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 46-13-2?
A common citation format is "New Mexico Statutes Annotated § 46-13-2" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 46-13-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.