Section 2137.15 | Custodian compliance and immunity.
(A) Not later than sixty days after receipt of the information required under sections 2137.06 to 2137.13 of the Revised Code, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(B) An order under division (A) of this section directing compliance shall contain a finding that compliance is not in v iolation of 18 U.S.C. 2702, as amended.
(C) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(D) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(E) Nothing in this chapter limits a custodian's ability to obtain, or to require a guardian, agent, or designated recipient requesting disclosure or termination under this chapter to obtain, a court order that does all of the following:
(1) Specifies that an account belongs to the ward or principal;
(2) Specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
(3) Contains a finding required by law other than this chapter.
(F) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Available Versions of this Section
- April 6, 2017 – House Bill 432 - 131st General Assembly [ View April 6, 2017 Version ]