NH Rev Stat § 554-A:2 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 554-A - Revised Uniform Fiduciary Access to Digital Assets Act|Section 554-A:2 - Definitions.

    554-A:2 Definitions. –||In this chapter:||(1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.||(2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney.||(3) "Carries" means engages in the transmission of an electronic communication.||(4) "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.||(5) "Conservator" means a person who is appointed by the court to manage the estate of one who requests the appointment of a conservator.||(6) "Content of an electronic communication" means information concerning the substance or meaning of the communication which:||(A) Has been sent or received by a user;||(B) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and||(C) Is not readily accessible to the public.||(7) "Court" means the circuit court having jurisdiction over the protected person.||(8) "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.||(9) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.||(10) "Digital asset" means an electronic record in which an individual has a right or interest. The term shall not include an underlying asset or liability unless the asset or liability is itself an electronic record.||(11) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.||(12) "Electronic communication" has the meaning set forth in 18 U.S.C. section 2510(12), as amended.||(13) "Electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.||(14) "Fiduciary" means an original, additional, or successor personal representative, conservator, guardian of the estate, agent, trustee, or any person so appointed by the court.||(15) "Guardian of the estate" means one appointed by the court to manage the estate of the incapacitated person as specified by a court order.||(16) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.||(17) "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.||(18) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.||(19) "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter.||(20) "Power of attorney" means a record that grants an agent authority to act in the place of a principal.||(21) "Principal" means an individual who grants authority to an agent in a power of attorney.||(22) "Protected person" means an individual for whom a conservator or a guardian of the estate has been appointed. The term includes an individual for whom an application for the appointment of a conservator or guardian of the estate is pending.||(23) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.||(24) "Remote computing service" means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. section 2510(14), as amended.||(25) "Terms of service agreement" means an agreement that controls the relationship between a user and a custodian.||(26) "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.||(27) "User" means a person that has an account with a custodian.||(28) "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.|||Source. 2019, 140:1, eff. June 25, 2019.|