New Mexico § 46-13-15 - Fiduciary duty and authority

§ 46-13-15. Fiduciary duty and authority

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 or designated recipient's authority with respect to a digital asset

of a user: (1) except as otherwise provided in Section 4 of the Revised Uniform Fiduciary Access

to Digital Assets Act, 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, 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. D. 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. E. A fiduciary with authority over the tangible, personal property of a decedent,

protected person, 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, including those offenses enumerated in the Computer Crimes Act. 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 shall 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 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 (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 (a) of this paragraph.