Ohio Amends Revised Fiduciary Access to Digital Assets Act
Ohio has enacted provisions amending its Revised Fiduciary Access to Digital Assets Act and has updated its sample Power of Attorney form. These provisions are effective as of April 5, 2017.
The revised section states:
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to digital assets causes the agent to be an authorized user for the purpose of applicable computer fraud and unauthorized computer access laws and authorizes the agent to do all of the following:
(A) Have access to any catalogue of electronic communications sent or received by the principal;
(B) Have access to any other digital asset in which the principal has a right or interest;
(C) Have the right to access any of the principal’s tangible personal property capable of receiving, storing, processing, or sending a digital asset;
(D) Take any action concerning the asset to the extent of the account holder’s authority;
(E) Have access to the content of electronic communications sent or received by the principal.
For the full text of the amended provisions, please refer to https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-432.
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
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