Utah Code § 75A-6-112

Current through the 2024 Fourth Special Session
Section 75A-6-112 - Disclosure of contents of electronic communications held in trust when trustee not original user

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under Section 75-7-1013 that includes consent to disclosure of the content of electronic communications to the trustee;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) evidence linking the account to the trust.

Utah Code § 75A-6-112

Renumbered from § 75-11-112 and amended by Chapter 364, 2024 General Session ,§ 189, eff. 9/1/2024.
Added by Chapter 16, 2017 General Session ,§ 12, eff. 5/9/2017.