HB269 Alabama 2016 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2016

Title

Fiduciaries, Revised Uniform Fiduciary Access to Digital Assets Act, adopted, fiduciaries, duties with regard to computer files, web domains, virtual currency and other digital assets

Summary

HB269 would adopt the Revised Uniform Fiduciary Access to Digital Assets Act in Alabama, allowing fiduciaries to manage digital assets and control how electronic communications are disclosed.

What This Bill Does

HB269 extends a fiduciary's power to manage digital assets such as computer files, web domains, and virtual currency. It creates a process for custodians to disclose digital assets to fiduciaries or personal representatives, and allows users to direct disclosures through online tools that override other records like wills or powers of attorney. It also restricts a fiduciary's access to the contents of certain electronic communications unless the owner has consented, and it outlines how disclosures may occur, including court options if needed. The act applies to wills, POAs, conservatorships, and trusts involving Alabama residents and sets rules for custodians who hold the user’s digital assets.

Who It Affects

• Fiduciaries (executors, administrators, conservators, agents, and trustees) would gain authority and duties to manage digital assets and request or receive disclosures under the act.
• Digital asset custodians and the owners/users (people who have accounts) would implement disclosure procedures, may charge reasonable administration fees, and would face rules on access to and disclosure of electronic communications and other digital assets.

Key Provisions

• Adopts the Revised Uniform Fiduciary Access to Digital Assets Act as Chapter 1A of Title 19, Code of Alabama 1975.
• Defines digital assets and related terms, and applies the act to wills, trusts, powers of attorney, conservatorships, and trusts; applicable when the user resides in Alabama.
• Allows a user to direct disclosure of digital assets through an online tool, with such directions overriding conflicting provisions in wills, trusts, POAs, or terms-of-service agreements.
• Produces disclosure options for custodians: full account access, partial access, or a copy of digital assets, and permits reasonable administrative charges for disclosure.
• Provides procedures for disclosure, including court orders if disclosure would be unduly burdensome or otherwise restricted by law or terms of service.
• Specifies rules for disclosure of contents of electronic communications for deceased users, principals, and trustees, including required documentation and court findings.
• Sets fiduciary duties (duty of care, loyalty, confidentiality) and limits fiduciaries by terms of service and other applicable laws; clarifies authorized use of digital assets and access.
• Requires custodian compliance within 60 days of a valid disclosure request and allows remedies or court orders if the custodian fails to comply.
• Addresses relation to the Electronic Signatures in Global and National Commerce Act (E-SIGN) and related notices.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Fiduciaries