reglab/housing_qa huggingface dataset:
NM Stat § 46-13-11 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-11 - Disclosure of digital assets held in trust when trustee is an original user.

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. History: Laws 2017, ch. 72, § 11. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 11 effective January 1, 2018.
NM Stat § 46-13-12 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-12 - Disclosure of contents of electronic communications held in trust when trustee is not an 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: A. a written request for disclosure in physical or electronic form; B. a certified copy of the trust instrument or a certified copy of the trust instrument or a certification of trust under Section 46A-10-1013 NMSA 1978 that includes consent to disclosure of the content of electronic communications to the trustee; C. 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 D. if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (2) evidence linking the account to the trust. History: Laws 2017, ch. 72, § 12. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 12 effective January 1, 2018.
NM Stat § 46-13-13 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-13 - Disclosure of other digital assets held in trust when trustee is not an 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, a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian: A. a written request for disclosure in physical or electronic form; B. a certified copy of the trust instrument or a certified copy of the trust instrument or a certification of trust under Section 46A-10-1013 NMSA 1978; C. 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 D. if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (2) evidence linking the account to the trust. History: Laws 2017, ch. 72, § 13. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 13 effective January 1, 2018.
NM Stat § 46-13-14 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-14 - Disclosure of digital assets to conservator of a protected person.

A. After an opportunity for a hearing under Chapter 45, Article 5 NMSA 1978, the court may grant a conservator access to the digital assets of a protected person. B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; 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 account of the protected person; or (b) evidence linking the account to the protected person. C. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property. History: Laws 2017, ch. 72, § 14. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 14 effective January 1, 2018.
NM Stat § 46-13-15 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 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 [46-13-4 NMSA 1978], 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 [30-45-1 to 30-45-7 NMSA 1978]. 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. History: Laws 2017, ch. 72, § 15. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 15 effective January 1, 2018.
NM Stat § 46-13-16 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-16 - Custodian compliance and immunity.

A. Not later than sixty days after receipt of the information required under Sections 7 through 15 [46-13-7 to 46-13-15 NMSA 1978] of the Revised Uniform Fiduciary Access to Digital Assets Act, a custodian shall comply with a request under the Revised Uniform Fiduciary Access to Digital Assets Act 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 Subsection A of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. Section 2702, as amended. C. A custodian may notify the user that a request for disclosure or to terminate an account was made under the Revised Uniform Fiduciary Access to Digital Assets Act. D. A custodian may deny a request under the Revised Uniform Fiduciary Access to Digital Assets Act 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. The Revised Uniform Fiduciary Access to Digital Assets Act does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under the Revised Uniform Fiduciary Access to Digital Assets Act to obtain a court order that: (1) specifies that an account belongs to the protected person or principal; (2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and (3) contains a finding required by law other than the Revised Uniform Fiduciary Access to Digital Assets Act. F. A custodian and its officers, employees and agents are immune from liability for an act or omission done with reasonable care in compliance with the Revised Uniform Fiduciary Access to Digital Assets Act. History: Laws 2017, ch. 72, § 16. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 16 effective January 1, 2018.
NM Stat § 46-13-17 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-17 - Uniformity of application and construction.

In applying and construing the Revised Uniform Fiduciary Access to Digital Assets Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2017, ch. 72, § 17. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 17 effective January 1, 2018.
NM Stat § 46-13-18 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 13 - Revised Uniform Fiduciary Access to Digital Assets|Section 46-13-18 - Relation to Electronic Signatures in Global and National Commerce Act.

The Revised Uniform Fiduciary Access to Digital Assets Act modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). History: Laws 2017, ch. 72, § 18. ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 18 effective January 1, 2018.
NM Stat § 46-14-1 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 14 - Uniform Directed Trust|Section 46-14-1 - Short title.

Sections 1 through 18 [46-14-1 to 46-14-18 NMSA 1978] of this act may be cited as the "Uniform Directed Trust Act". History: Laws 2018, ch. 63, § 1. ANNOTATIONSEffective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 1 effective January 1, 2019.
NM Stat § 46-14-2 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 14 - Uniform Directed Trust|Section 46-14-2 - Definitions.

As used in the Uniform Directed Trust Act: A. "breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, by the Uniform Directed Trust Act or by another law of New Mexico pertaining to trusts; B. "directed trust" means a trust for which the terms of the trust grant a power of direction; C. "directed trustee" means a trustee that is subject to a trust director's power of direction; D. "person" means an individual; estate; business or nonprofit entity; public corporation; government; governmental subdivision, agency or instrumentality; or other legal entity; E. "power of direction": (1) means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee; (2) includes a power over the investment, management or distribution of trust property or other matters of trust administration; and (3) excludes the powers described in Subsection B of Section 5 [46-14-5 NMSA 1978] of the Uniform Directed Trust Act; F. "settlor" means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion; G. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any other territory or possession subject to the jurisdiction of the United States; H. "terms of a trust" means: (1) except as otherwise provided in Paragraph (2) of this subsection, the manifestation of the settlor's intent regarding a trust's provisions as: (a) expressed in the trust instrument; or (b) established by other evidence that would be admissible in a judicial proceeding; or (2) the trust's provisions as established, determined or amended by: (a) a trustee or trust director in accordance with applicable law; (b) court order; or (c) a nonjudicial settlement agreement under Section 46A-1-111 NMSA 1978; I. "trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust; and J. "trustee" includes an original, additional and successor trustee and a cotrustee [co-trustee]. History: Laws 2018, ch. 63, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Effective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 2 effective January 1, 2019.
NM Stat § 46-14-3 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 14 - Uniform Directed Trust|Section 46-14-3 - Application; principal place of administration.

A. The Uniform Directed Trust Act applies to a trust, whenever created, that has its principal place of administration in New Mexico, subject to the following rules: (1) if the trust was created before January 1, 2019, that act applies only to a decision or action occurring on or after that date; and (2) if the principal place of administration of the trust is changed to New Mexico on or after January 1, 2019, that act applies only to a decision or action occurring on or after the date of the change. B. Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, the terms of the trust that designate the principal place of administration of the trust are valid and controlling if: (1) a trustee's principal place of business is located in, or a trustee is a resident of, the designated jurisdiction; (2) a trust director's principal place of business is located in, or a trust director is a resident of, the designated jurisdiction; or (3) all or part of the administration occurs in the designated jurisdiction. History: Laws 2018, ch. 63, § 3. ANNOTATIONSEffective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 3 effective January 1, 2019.
NM Stat § 46-14-4 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 14 - Uniform Directed Trust|Section 46-14-4 - Common law and principles of equity.

The common law and principles of equity supplement the Uniform Directed Trust Act, except to the extent modified by that act or another law of New Mexico. History: Laws 2018, ch. 63, § 4. ANNOTATIONSEffective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 4 effective January 1, 2019.
NM Stat § 46-14-5 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 14 - Uniform Directed Trust|Section 46-14-5 - Exclusions.

A. As used in this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in, or another power of appointment over, trust property. B. The Uniform Directed Trust Act does not apply to a: (1) power of appointment; (2) power to appoint or remove a trustee or trust director; (3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust; (4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: (a) the beneficiary; or (b) another beneficiary represented by the beneficiary under Sections 46A-3-301 through 46A-3-305 NMSA 1978 with respect to the exercise or nonexercise of the power; or (5) power over a trust if: (a) the terms of the trust provide that the power is held in a nonfiduciary capacity; and (b) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued thereunder, as amended. C. Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction. History: Laws 2018, ch. 63, § 5. ANNOTATIONSCross references. — For the federal Internal Revenue Code of 1986, see 26 U.S.C. § 1. Effective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 5 effective January 1, 2019.
NM Stat § 46-14-6 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 14 - Uniform Directed Trust|Section 46-14-6 - Powers of trust director.

A. Subject to Section 7 [46-14-7 NMSA 1978] of the Uniform Directed Trust Act, the terms of a trust may grant a power of direction to a trust director. B. Unless the terms of a trust provide otherwise: (1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under Subsection A of this section; and (2) trust directors with joint powers shall act by majority decision. History: Laws 2018, ch. 63, § 6. ANNOTATIONSEffective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 6 effective January 1, 2019.
NM Stat § 46-14-7 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 14 - Uniform Directed Trust|Section 46-14-7 - Limitations on trust director.

A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under Paragraph (1) of Subsection B of Section 6 [46-14-6 NMSA 1978] of the Uniform Directed Trust Act regarding: A. a payback provision in the terms of the trust necessary to comply with the reimbursement requirements of medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as amended, and regulations issued thereunder, as amended; and B. a charitable interest in the trust, including notice regarding the interest to the attorney general. History: Laws 2018, ch. 63, § 7. ANNOTATIONSEffective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 7 effective January 1, 2019.
NM Stat § 46-14-8 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 14 - Uniform Directed Trust|Section 46-14-8 - Duty and liability of trust director.

A. Subject to Subsection B of this section, with respect to a power of direction or a further power under Paragraph (1) of Subsection B of Section 6 [46-14-6 NMSA 1978] of the Uniform Directed Trust Act: (1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: (a) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or (b) if the power is held jointly with a trustee or another trust director, as a cotrustee [co-trustee] in a like position and under similar circumstances; and (2) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances. B. Unless the terms of a trust provide otherwise, if a trust director is licensed, certified or otherwise authorized or permitted by law other than the Uniform Directed Trust Act to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under that act. C. The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities imposed by the Uniform Directed Trust Act. History: Laws 2018, ch. 63, § 8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Effective dates. — Laws 2018, ch. 63, § 25 makes Laws 2018, ch. 63, § 8 effective January 1, 2019.