reglab/statecodes huggingface dataset:
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.2 - Registration in Beneficiary Form; Sole or Joint Tenancy Ownership

§  13-4.2  Registration  in  beneficiary  form;  sole  or  joint tenancy
ownership
Only individuals whose registration of a security shows sole ownership
  by one individual or multiple ownership by two or  more  with  right  of
  survivorship,  rather than as tenants in common, may obtain registration
  in beneficiary  form.  Multiple  owners  of  a  security  registered  in
  beneficiary  form  hold  as joint tenants with right of survivorship, as
  tenants by the entireties or as owners of  community  property  held  in
  survivorship form, and not as tenants in common.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.3 - Applicable Law

§ 13-4.3 Applicable law
A  security  may  be  registered  in  beneficiary  form if the form is
  authorized by this or a similar law of the state of organization of  the
  issue  or  registering  entity, the location of the registering entity's
  principal office, the office of its transfer agent or its office  making
  the  registration,  or  by  this  or a similar statute of the law of the
  state listed as the owner's address  at  the  time  of  registration.  A
  registration  governed  by  the law of a jurisdiction in which this or a
  similar law is not in force or was not in force when a  registration  in
  beneficiary  form  was  made  is  nevertheless  presumed to be valid and
  authorized as a matter of contract law.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.4 - Origination of Registration in Beneficiary Form

§ 13-4.4 Origination of registration in beneficiary form
A security, whether evidenced by certificate or account, is registered
  in  beneficiary  form  when the registration includes a designation of a
  beneficiary to take the ownership at the  death  of  the  owner  or  the
  deaths of all multiple owners.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.5 - Form of Registration in Beneficiary Form

§ 13-4.5 Form of registration in beneficiary form
Registration  in  beneficiary form may be shown by the words "transfer
  on death" or the abbreviation "TOD", or by the words "pay on  death"  or
  the  abbreviation  "POD",  after  the  name  of the registered owner and
  before the name of the beneficiary.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.6 - Effect of Registration in Beneficiary Form

§ 13-4.6 Effect of registration in beneficiary form
(a)  The  designation  of  a  TOD  beneficiary  on  a  registration in
beneficiary form has no effect on ownership until the owner's  death.  A
registration  of  a  security  in  beneficiary  form  may be canceled or
changed at any time by the sole  owner  or  all  then  surviving  owners
without the consent of the beneficiary.
(b) A registration in beneficiary form can be revoked or amended by an
express  direction in the owner's will which specifically refers to such
registration.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.7 - Ownership on Death of Owner

§ 13-4.7 Ownership on death of owner
On  death  of  a sole owner or the last to die of all multiple owners,
  ownership of securities registered in beneficiary  form  passes  to  the
  beneficiary  or  beneficiaries who survive all owners. On proof of death
  of all owners and compliance with any  applicable  requirements  of  the
  registering  entity,  a  security  registered in beneficiary form may be
  reregistered in  the  name  of  the  beneficiary  or  beneficiaries  who
  survived  the  death of all owners. Until division of the security after
  the death of all owners, multiple beneficiaries surviving the  death  of
  all  owners hold their interests as tenants in common. If no beneficiary
  survives the death of all owners, the security belongs to the estate  of
  the deceased sole owner or the estate of the last to die of all multiple
  owners.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.8 - Protection of Registering Entity

§ 13-4.8 Protection of registering entity
(a)  A  registering  entity  is  not  required to offer or to accept a
request for security registration in beneficiary form. If a registration
in beneficiary form is  offered  by  a  registering  entity,  the  owner
requesting  registration  in beneficiary form assents to the protections
given to the registering entity by this part.
(b)  By  accepting  a  request  for  registration  of  a  security  in
beneficiary  form,  the  registering entity agrees that the registration
will be implemented on death of the deceased owner as provided  in  this
part.
(c)  A  registering entity is discharged from all claims to a security
by the estate,  creditors,  distributees,  legatees  or  devisees  of  a
deceased  owner if it registers a transfer of the security in accordance
with section 13-4.7 and does so  in  good  faith  reliance  (i)  on  the
registration, (ii) on this part, and (iii) on information provided to it
by affidavit of the personal representative of the deceased owner, or by
the   surviving   beneficiary   or   by   the   surviving  beneficiary's
representatives, or  other  information  available  to  the  registering
entity.  The  protections of this part do not extend to a reregistration
or payment made after a registering entity has received  written  notice
from  any  claimant  to  any  interest  in  the  security  objecting  to
implementation of a registration in beneficiary form. No other notice or
other information available to the registering entity affects its  right
to protection under this part.
(d)  The protection provided by this part to the registering entity of
a security does not affect  the  rights  of  beneficiaries  in  disputes
between  themselves  and  other  claimants  to ownership of the security
transferred or its value or proceeds.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.9 - Nontestamentary Transfer on Death

§ 13-4.9 Nontestamentary transfer on death
(a)  A  transfer on death resulting from a registration in beneficiary
form is effective by reason of the contract regarding  the  registration
between  the  owner  and the registering entity and this part and is not
testamentary.
(b) This part does not limit  the  rights  of  creditors  of  security
owners  against  beneficiaries and other transferees under other laws of
this state.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.10 - Terms, Conditions, and Forms

§ 13-4.10 Terms, conditions, and forms
(a)   A   registering  entity  offering  to  accept  registrations  in
beneficiary form may establish the terms and conditions under  which  it
will  receive  requests  (i)  for registrations in beneficiary form, and
(ii) for implementation of registration in beneficiary  form,  including
requests  for  cancellation  of  previously  registered  TOD beneficiary
designations and requests for  reregistration  to  effect  a  change  of
beneficiary.  The  terms  and  conditions so established may provide for
proving death, avoiding or resolving any problems concerning  fractional
shares,   designating   primary   and   contingent   beneficiaries,  and
substituting a named beneficiary's descendants to take in the  place  of
the   named  beneficiary  in  the  event  of  the  beneficiary's  death.
Substitution may be indicated by appending to the name  of  the  primary
beneficiary  in  letters  LDPS,  standing  for  "lineal  descendants per
stirpes", or in  letters  LDPR,  standing  for  "lineal  descendants  by
representation".  This  designation substitutes a deceased beneficiary's
descendants who survive the owner for a  beneficiary  who  fails  to  so
survive,  the  descendants  to  be identified and to share in accordance
with the  law  of  the  beneficiary's  domicile  at  the  owner's  death
governing  inheritance  by  descendants  of an intestate. Other forms of
identifying beneficiaries who are to take on one or more  contingencies,
and  rules  for  providing  proofs  and  assurances  needed  to  satisfy
reasonable concerns by registering  entities  regarding  conditions  and
identities  relevant  to  accurate  implementation  of  registrations in
beneficiary form, may be contained in a registering entity's  terms  and
conditions.
(b)  The  following  are illustrations of registrations in beneficiary
form which a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S Brown  TOD  (or  POD)  John  S
Brown Jr.
(2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN
TOD John S Brown Jr.
(3) Multiple owners-primary and secondary (substituted) beneficiaries:
John  S  Brown  Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q
Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.11 - Rules of Construction

§ 13-4.11 Rules of construction
(a)  This part shall be liberally construed and applied to promote its
underlying purposes and policy and to make uniform the laws with respect
to the subject of this part among states enacting it.
(b) Unless displaced by the particular provisions of  this  part,  the
principles of law and equity supplement its provisions.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 4 - Transfer-on-Death Security Registration › 13-4.12 - Application

§ 13-4.12 Application
This  part  applies to registrations of securities in beneficiary form
  made before, on or after January first, two thousand six,  by  decedents
  dying on or after January first, two thousand six.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 2 - Applicability, Procedure for Diclosure, User Directions › 13-A-2.1 - Applicability.

§ 13-A-2.1 Applicability
(a) This article applies to:
(1)  a  fiduciary  acting  under  a  will,  trust or power of attorney
executed before, on, or after the effective date of this article;
(2) an executor, administrator or personal representative acting for a
decedent who died before, on,  or  after  the  effective  date  of  this
article;
(3)  a  guardianship  proceeding  commenced  before,  on, or after the
effective date of this article; and
(4) a trustee acting under a trust created before, on,  or  after  the
effective date of this article.
(b)  This  article  applies to a custodian if the user resides in this
state or resided in this state at the time of the user's death.
(c) This article does not apply to a digital asset of an employer used
by an employee in the ordinary course of the employer's business.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 2 - Applicability, Procedure for Diclosure, User Directions › 13-A-2.2 - User Direction for Disclosure of Digital Assets

§ 13-A-2.2 User direction for disclosure of digital assets
(a)  A user may use an online tool to direct the custodian to disclose
to a designated recipient or not to disclose some or all of  the  user's
digital  assets,  including the content of electronic communications. If
the online tool allows the user to modify or delete a direction  at  all
times, a direction regarding disclosure using an online tool overrides a
contrary  direction  by the user in a will, trust, power of attorney, or
other record.
(b) If a user has not used an online  tool  to  give  direction  under
paragraph  (a)  or if the custodian has not provided an online tool, the
user may allow or prohibit in a will, trust, power of attorney, or other
record, disclosure to a fiduciary of some or all of the  user's  digital
assets,  including  the  content  of  electronic  communications sent or
received by the user.
(c) A user's direction under paragraph (a) or (b) overrides a contrary
provision in a terms-of-service agreement that does not require the user
to act affirmatively and distinctly from the user's assent to the  terms
of service.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 2 - Applicability, Procedure for Diclosure, User Directions › 13-A-2.3 - Terms-of-Service Agreement

§ 13-A-2.3 Terms-of-service agreement
(a) This article does not change or impair a right of a custodian or a
user under a terms-of-service agreement to access and use digital assets
of the user.
(b)  This  article does not give a fiduciary or a designated recipient
any new or expanded rights other than those held by the user  for  whom,
or  for  whose  estate,  the  fiduciary  or designated recipient acts or
represents.
(c) A fiduciary's or designated recipient's access to  digital  assets
may  be  modified  or  eliminated  by  a  user,  by federal law, or by a
terms-of-service agreement if the user has not provided direction  under
section 13-A-2.2.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 2 - Applicability, Procedure for Diclosure, User Directions › 13-A-2.4 - Procedure for Disclosing Digital Assets

§ 13-A-2.4 Procedure for disclosing digital assets
(a)  When  disclosing digital assets of a user under this article, the
custodian may at its sole discretion:
(1) grant a fiduciary or  designated  recipient  full  access  to  the
user's account;
(2)  grant  a  fiduciary or designated recipient partial access to the
user's account sufficient to perform the tasks with which the  fiduciary
or designated recipient is charged; or
(3)  provide a fiduciary or designated recipient a copy in a record of
any digital asset that, on the date the custodian received  the  request
for  disclosure, the user could have accessed if the user were alive and
had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for  the
cost of disclosing digital assets under this article.
(c)  A  custodian need not disclose under this article a digital asset
deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to  disclose
under  this article some, but not all, of the user's digital assets, the
custodian need not disclose the assets  if  segregation  of  the  assets
would impose an undue burden on the custodian. If the custodian believes
the  direction  or  request  imposes  an  undue burden, the custodian or
fiduciary may seek an order from the court to disclose:
(1) a subset limited by date of the user's digital assets;
(2) all of the user's digital assets to the  fiduciary  or  designated
recipient;
(3) none of the user's digital assets; or
(4)  all  of  the  user's  digital  assets  to the court for review in
camera.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 3 - Disclosure of Digital Assets to Fiduciary › 13-A-3.1 - Disclosure of Content of Electronic Communications of Deceased User

§ 13-A-3.1 Disclosure   of   content  of  electronic  communications  of
deceased user
If a deceased user consented or a  court  directs  disclosure  of  the
contents  of  electronic communications of the user, the custodian shall
disclose to the executor, administrator or  personal  representative  of
the  estate  of the user the content of an electronic communication sent
or received by the user if the executor, administrator or representative
gives the custodian:
(a) a written request for disclosure in physical or electronic form;
(b) a copy of the death certificate of the user;
(c) a certified copy of the letter of  appointment  of  the  executor,
administrator, or personal representative or a small-estate affidavit or
court order;
(d) unless the user provided direction using an online tool, a copy of
the user's will, trust, or other record evidencing the user's consent to
disclosure of the content of electronic communications; and
(e) if requested by the custodian:
(1) a number, username, address, or other unique subscriber or account
identifier assigned by the custodian to identify the user's account;
(2) evidence linking the account to the user; or
(3) a finding by the court that:
(A)  the  user had a specific account with the custodian, identifiable
by the information specified in subparagraph (1);
(B) disclosure of the content of electronic communications of the user
would not violate 18 U.S.C. section 2701 et seq., as amended, 47  U.S.C.
section 222, as amended, or other applicable law;
(C)  unless the user provided direction using an online tool, the user
consented to disclosure of the content of electronic communications; or
(D) disclosure of the content of electronic communications of the user
is reasonably necessary for administration of the estate.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 3 - Disclosure of Digital Assets to Fiduciary › 13-A-3.2 - Disclosure of Other Digital Assets of Deceased User

§ 13-A-3.2 Disclosure of other digital assets of deceased user
Unless  the  user prohibited disclosure of digital assets or the court
directs  otherwise,  a  custodian  shall  disclose  to   the   executor,
administrator  or  personal  representative  of the estate of a deceased
user a catalogue of electronic communications sent or  received  by  the
user   and   digital  assets,  other  than  the  content  of  electronic
communications, of the user, if the executor, administrator or  personal
representative gives the custodian:
(a) a written request for disclosure in physical or electronic form;
(b) a copy of the death certificate of the user;
(c)  a  certified  copy  of the letter of appointment of the executor,
administrator, or personal representative or a small-estate affidavit or
court order; 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 user's account;
(2) evidence linking the account to the user;
(3) an affidavit stating that disclosure of the user's digital  assets
is reasonably necessary for administration of the estate; or
(4) a finding by the court that:
(A)  the  user had a specific account with the custodian, identifiable
by the information specified in subparagraph (1); or
(B) disclosure of the user's digital assets  is  reasonably  necessary
for administration of the estate.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 3 - Disclosure of Digital Assets to Fiduciary › 13-A-3.3 - Disclosure of Content of Electronic Communications of Principal

§ 13-A-3.3 Disclosure   of   content  of  electronic  communications  of
principal
To the extent a power of attorney expressly grants an agent  authority
over  the  content  of electronic communications sent or received by the
principal and unless directed otherwise by the principal or the court, a
custodian shall disclose to the agent the content if the agent gives the
custodian:
(a) a written request for disclosure in physical or electronic form;
(b) a copy of the power  of  attorney  expressly  granting  the  agent
authority   over   the  content  of  electronic  communications  of  the
principal;
(c) an affidavit in which the affiant attests  that  the  copy  is  an
accurate copy of the original power of attorney and that, to the best of
the affiant's knowledge, the power remains in effect; 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  principal's
account; or
(2) evidence linking the account to the principal.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 3 - Disclosure of Digital Assets to Fiduciary › 13-A-3.4 - Disclosure of Other Digital Assets of Principal

§ 13-A-3.4 Disclosure of other digital assets of principal
Unless  otherwise  ordered by the court, directed by the principal, or
provided by a power of attorney, a custodian shall disclose to an  agent
with  specific authority over digital assets or general authority to act
on behalf of a principal a catalogue of electronic  communications  sent
or  received by the principal and digital assets, other than the content
of electronic communications, of the principal if the  agent  gives  the
custodian:
(a) a written request for disclosure in physical or electronic form;
(b)  a  copy  of  the  power of attorney that gives the agent specific
authority over digital assets or general authority to act on  behalf  of
the principal;
(c)  an  affidavit  in  which  the affiant attests that the copy is an
accurate copy of the original power of attorney and that, to the best of
the affiant's knowledge, the power remains in effect; 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  principal's
account; or
(2) evidence linking the account to the principal.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 3 - Disclosure of Digital Assets to Fiduciary › 13-A-3.5 - Disclosure of Digital Assets Held in Trust When Trustee Is Original User

§ 13-A-3.5 Disclosure  of  digital  assets held in trust when trustee is
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.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 3 - Disclosure of Digital Assets to Fiduciary › 13-A-3.6 - Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User

§ 13-A-3.6 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:
(a) a written request for disclosure in physical or electronic form;
(b) a copy of the trust instrument 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.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 3 - Disclosure of Digital Assets to Fiduciary › 13-A-3.7 - Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User

§ 13-A-3.7 Disclosure of other digital assets 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,  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 copy of the trust instrument;
(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.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 3 - Disclosure of Digital Assets to Fiduciary › 13-A-3.8 - Disclosure of Digital Assets to Guardian of Ward

§ 13-A-3.8 Disclosure of digital assets to guardian of ward
(a)  After  an opportunity for a hearing concerning the appointment or
authority of a guardian, the court may grant a guardian  access  to  the
digital assets of a ward.
(b)  Unless  otherwise ordered by the court or directed by the user, a
custodian shall disclose to  a  guardian  the  catalogue  of  electronic
communications  sent or received by a ward and any digital assets, other
than the content of electronic communications, in which the ward  has  a
right or interest if the ward 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 guardian
authority over the digital assets of the ward; 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
ward; or
(B) evidence linking the account to the ward.
(c)  A  guardian with general authority to manage the assets of a ward
may request a custodian of the digital assets of the ward to suspend  or
terminate  an  account  of the ward for good cause. A request made under
this section must be accompanied by a certified copy of the court  order
giving the guardian authority over the ward's property.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 4 - Fiduciary Duty and Authority, Compliance and Immunity › 13-A-4.1 - Fiduciary Duty and Authority

§ 13-A-4.1 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 13-A-2.2, 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, ward,
principal, or settlor has the right to access any digital asset in which
the decedent, ward, 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, ward, principal, or
settlor   for   the   purpose   of   applicable    computer-fraud    and
unauthorized-computer-access   laws,   including  this  state's  law  on
unauthorized computer access.
(e) A fiduciary with authority over the tangible, personal property of
a decedent, ward, 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  this  state's   law   on
unauthorized computer access.
(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 must be in writing, in  either
physical or electronic form, and accompanied by:
(1)  if  the  user is deceased, a copy of the death certificate of the
user;
(2) a certified copy of the letter of  appointment  of  the  executor,
administrator, or personal representative or a small-estate affidavit or
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 item (A).
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 4 - Fiduciary Duty and Authority, Compliance and Immunity › 13-A-4.2 - Custodian Compliance and Immunity

§ 13-A-4.2 Custodian compliance and immunity
(a)  Not  later  than  sixty  days  after  receipt  of the information
required under sections 13-A-3.1 through  13-A-4.1,  a  custodian  shall
comply  with a request under this article 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 paragraph (a) directing compliance must  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 this article.
(d) A custodian may deny a request under this article 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)  This  article  does  not limit a custodian's ability to obtain or
require a fiduciary or designated  recipient  requesting  disclosure  or
termination under this article to obtain a court order which:
(1) specifies that an account belongs to the ward or principal;
(2)  specifies  that  there  is  sufficient  consent  from the ward or
principal to support the requested disclosure; and
(3) contains a finding required by law other than this article.
(f) A custodian and its officers, employees,  and  agents  are  immune
from  liability  for an act or omission done in good faith in compliance
with this article.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 5 - Miscellaneous Provisions › 13-A-5.1 - Relation to Electronic Signature in Global and National Commerce Act

§  13-A-5.1 Relation  to  electronic  signature  in  global and national
commerce act
This article modifies, limits, or supersedes the 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  such  act,  15
  U.S.C.  section  7001(c), or authorize electronic delivery of any of the
  notices described in section 103(b)  of  such  act,  15  U.S.C.  section
  7003(b).
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13-A - Administration of Digital Assets Summary of Article › Part 5 - Miscellaneous Provisions › 13-A-5.2 - Severability

§ 13-A-5.2 Severability
If  any  provision of this article or its application to any person or
  circumstance is held invalid,  the  invalidity  does  not  affect  other
  provisions  or  applications  of  this article which can be given effect
  without the invalid provision  or  application,  and  to  this  end  the
  provisions of this article are severable.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 14 - Repealer; Derivation and Distribution Tables; Effective Date › Part 3 - Effective Date › 14-3.1 - When Act Becomes Effective

§ 14-3.1 When act becomes effective
This   act   shall  take  effect  September  first,  nineteen  hundred
  sixty-seven.
2023 New York Laws › EXC - Executive › Article 2 - Governor › 4 - Secretary and Counsel to the Governor.

§ 4. Secretary  and  counsel  to  the  governor.    A secretary to the
  governor shall be appointed by the governor, and shall receive a  salary
  to  be fixed by the governor within the amount appropriated therefor. It
  shall be the duty of such secretary to assist the  governor  in  matters
  pertaining  to  the  executive department and perform such duties as the
  governor may assign to  him.  The  governor  may  also  appoint  and  at
  pleasure  remove a counsel to the governor who shall receive a salary to
  be fixed by the governor within the  amount  appropriated  therefor.  It
  shall  be  the  duty of such counsel to advise the governor in regard to
  the constitutionality, consistency and legal effect of  bills  presented
  to  the  governor for his approval and on matters involving the exercise
  of executive clemency and such other legal matters as may be referred to
  him by the governor.
2023 New York Laws › EXC - Executive › Article 2 - Governor › 4-A - Chief Diversity Officer.

§  4-a.  Chief  diversity  officer.  A chief diversity officer for the
  state shall be appointed by the governor and shall receive a  salary  to
  be  fixed  by  the governor within the amount appropriated therefor. The
  chief diversity officer's responsibilities shall include the following:
1. Advise and assist the governor in formulating policies relating  to
  workforce diversity and minority and women's business enterprises;
2.  Work  with  the  director  of the division of minority and women's
  business development  to  prepare  an  annual  plan  for  ensuring  full
  compliance with article fifteen-a of the executive law by state agencies
  and the use of diversity practices by such agencies;
3.  Advise  the  governor  and  the  agencies  regarding  any measures
  necessary to ensure full  compliance  with  article  fifteen-a  of  this
  chapter and use of diversity practices by state public authorities;
4.  Serve  as  a  member  of the state procurement council established
  under section one hundred sixty-one of the state finance law;
5. Serve as the governor's  liaison  with  organizations  representing
  minority  and  women-owned  business enterprises and other organizations
  related to diversity in the state workforce and in state contracting;
6. Serve as the governor's liaison  to  the  small  business  advisory
  council  for  issues  related to the creation of a diverse workforce and
  state  procurement  practices  relating  to  minority  and   women-owned
  business enterprises;
7.  Review  and  consult  with  the  director  of minority and women's
  business  development  regarding  policies  relating  to  minority   and
  women-owned  business enterprise contract specialists at state agencies;
  and
8. Engage in other actions assigned to him  or  her  by  the  governor
  relating  to diversity in hiring or promotion of the state workforce and
  in encouraging diversity practices and compliance with article fifteen-a
  of this chapter in procurement.
2023 New York Laws › EXC - Executive › Article 2 - Governor › 5 - Executive Records.

§ 5. Executive  records.    The governor shall cause to be kept in the
  executive chamber or in the appropriate state office:
1. Journals of the daily transactions of his office.
2. Registers, containing classified statements of such transactions.
3.  Separate  registers  containing  classified  statements   of   all
  applications for pardon, commutation or other executive clemency, and of
  his action thereon.
4.  An  account  of his official expenses and disbursements, including
  the incidental expenses of his department.
5. Files of all official records upon which applications for executive
  clemency are founded; of statements made by judges to him; of  sentences
  to death and of the testimony in capital cases; and of such other papers
  relating  to  the  transactions  of  his  office as are deemed by him of
  sufficient value for preservation.
2023 New York Laws › EXC - Executive › Article 2 - Governor › 6 - Examination and Inspection by the Governor.

§ 6. Examination  and  inspection  by  the governor.   The governor is
  authorized at any time, either in person  or  by  one  or  more  persons
  appointed  by  him  for  the  purpose,  to  examine  and investigate the
  management and affairs of any department, board, bureau or commission of
  the state. The  governor  and  the  persons  so  appointed  by  him  are
  empowered  to  subpoena  and  enforce  the  attendance  of witnesses, to
  administer oaths and examine witnesses under oath  and  to  require  the
  production  of any books or papers deemed relevant or material. Whenever
  any person so appointed shall not be regularly in  the  service  of  the
  state his compensation for such services shall be fixed by the governor,
  and  said  compensation  and all necessary expenses of such examinations
  and  investigations  shall  be  paid  from  the  treasury  out  of   any
  appropriations  made  for the purpose upon the order of the governor and
  the audit and warrant of the comptroller.
Notwithstanding any inconsistent provision of any general, special  or
  local  law,  charter,  administrative  code  or  other  statute, service
  rendered by a person appointed by the governor pursuant to this  section
  shall  not  constitute or be deemed state service or re-entry into state
  service under the civil service law, the retirement and social  security
  law or under any charter, administrative code, or other general, special
  or  local  law  relating  to  a state or municipal retirement or pension
  system so as to suspend, impair or otherwise affect  or  interfere  with
  the  pension  or  retirement  status, rights, privileges and benefits of
  such person under any such system or to interfere with the right of such
  person or his beneficiary to receive any pension or annuity benefits  or
  death  benefits  by reason of the selection of any option under any such
  system.
2023 New York Laws › EXC - Executive › Article 2 - Governor › 7 - Limited Operation of Holiday.

§ 7. Limited  operation  of  holiday.    The  governor  in issuing any
  proclamation appointing any day as a holiday or as a day of thanksgiving
  or fasting and prayer  or  other  religious  observance,  under  section
  twenty-four  of  the  general  construction  law  is  authorized, in his
  discretion, to limit or  restrict  the  effect  and  operation  of  such
  proclamation  to  any  city  or  county  to be designated by him in such
  proclamation.
2023 New York Laws › EXC - Executive › Article 2 - Governor › 8 - Registration of Noncitizens.

§ 8. Registration  of  noncitizens.  Whenever  a  state  of war exists
  between the United States and a foreign country, or, in the judgment  of
  the  governor  public  safety  or  necessity  requires  such action, the
  governor may, by proclamation, direct every subject or citizen  of  such
  foreign  countries  as  the governor may designate in such proclamation,
  who are in this state, or who may from time to time come into the state,
  to appear within twenty-four hours after  the  date  specified  in  such
  proclamation  or  after  arrival  within  the  state, before such public
  authorities as the governor may  designate  in  such  proclamation,  and
  personally register his or her name, residence, business, length of stay
  and  such  other  information  as  the  governor  shall  prescribe. Such
  proclamation shall be published in such newspapers as the  governor  may
  designate.  Every  person  to whom such proclamation is applicable shall
  also comply with such rules or personal identification as  the  governor
  shall  from  time  to  time  prescribe.  The  occupant  of every private
  residence, and the owner, lessee or proprietor,  operating  or  managing
  every  hotel,  inn,  boarding or rooming house shall, within twenty-four
  hours after the date specified in such proclamation, notify such  public
  authorities  of  the  presence  therein of every subject or citizen of a
  foreign country to whom such proclamation is applicable, and shall  each
  day  thereafter notify such public authorities of the arrival thereat or
  departure therefrom of every such  subject  or  citizen.  A  failure  to
  comply with any such proclamation or to perform any act required by this
  section  shall  be  a misdemeanor, punishable by a fine of not exceeding
  one thousand dollars, or imprisonment for one year or both.
2023 New York Laws › EXC - Executive › Article 2 - Governor › 11 - Indian Settlement Agreements.

§  11.  Indian  settlement agreements. 1. Oneida settlement agreement.
  Notwithstanding any  other  provision  of  law,  upon  filing  with  the
  secretary  of  state,  the  settlement  agreement  executed  between the
  governor, the counties of Oneida and Madison, and the Oneida  Nation  of
  New  York  dated  the sixteenth day of May, two thousand thirteen, to be
  known as the Oneida Settlement Agreement, including, without limitation,
  the provisions contained therein relating to  arbitration  and  judicial
  review  in  state or federal courts and, for the sole purpose thereof, a
  limited waiver of the state's Eleventh Amendment sovereign immunity from
  suit, shall upon  its  effective  date  be  deemed  approved,  ratified,
  validated  and  confirmed by the legislature. It is the intention of the
  legislature in enacting this  section  to  ensure  that  the  settlement
  agreement  shall  be fully enforceable in all respects as to the rights,
  benefits, responsibilities and privileges of all parties thereto.
2023 New York Laws › EXC - Executive › Article 2-A - Reprieves, Commutations and Pardons › 15 - Power of Governor to Grant Reprieves, Commutations and Pardons.

§ 15. Power  of governor to grant reprieves, commutations and pardons.
  The governor has power to grant  reprieves,  commutations  and  pardons,
  after  conviction,  for  all  offenses,  except  treason  and  cases  of
  impeachment, upon  such  conditions,  and  with  such  restrictions  and
  limitations, as he may think proper, subject to the regulations provided
  in this article.
2023 New York Laws › EXC - Executive › Article 2-A - Reprieves, Commutations and Pardons › 16 - His Power; in Respect to Convictions for Treason; Duty of the Legislature, in Such Cases.

§ 16. His  power;  in  respect to convictions for treason; duty of the
  legislature, in such cases. He may also suspend  the  execution  of  the
  sentence,  upon a conviction for treason, until the case can be reported
  to the legislature, at its  next  meeting,  when  the  legislature  must
  either  pardon or commute the sentence, direct the execution thereof, or
  grant a further reprieve.
2023 New York Laws › EXC - Executive › Article 2-A - Reprieves, Commutations and Pardons › 17 - Governor to Communicate Annually to Legislature, Reprieves, Commutations and Pardons.

§ 17. Governor  to  communicate  annually  to  legislature, reprieves,
  commutations  and  pardons.  He  must  annually   communicate   to   the
  legislature,  each  case of reprieve, commutation or pardon; stating the
  name of the convict, the crime of which he was convicted,  the  sentence
  and its date, and the date of the commutation, pardon or reprieve.
2023 New York Laws › EXC - Executive › Article 2-A - Reprieves, Commutations and Pardons › 18 - Conditional Pardon; Procedure on Violation Of.

§ 18. Conditional pardon; procedure on violation of. If any person who
  has  been  discharged  from  imprisonment,  by  virtue  of  any  parole,
  conditional pardon, or conditional commutation of  his  sentence,  shall
  violate  such  condition or neglect to perform it, his parole, pardon or
  commutation shall be void and he shall be remanded to the place  of  his
  former  imprisonment and there confined for the unexpired term for which
  he had been sentenced.  Determination of the violation of  such  parole,
  pardon  or  commutation and reincarceration therefor shall be had in the
  manner prescribed in the correction law.
2023 New York Laws › EXC - Executive › Article 2-A - Reprieves, Commutations and Pardons › 19 - Setting Aside Judgment of Conviction and Dismissing Indictment, Information or Complaint in Case of Pardon of Defendant on Ground of Innocence.

§ 19. Setting  aside judgment of conviction and dismissing indictment,
  information or complaint in case of pardon of  defendant  on  ground  of
  innocence.  Upon  motion  duly made therefor, the judgment of conviction
  must be set aside and the indictment, information or complaint dismissed
  by the court in which the defendant was convicted, in a case  where  the
  defendant  shall  receive  a  pardon from the governor stating that such
  pardon is issued on the ground of innocence of the crime  for  which  he
  was  convicted  and  further  stating  that such finding of innocence is
  based upon evidence discovered after  the  judgment  of  conviction  was
  rendered  and  after  the  time  within which to make a motion for a new
  trial on newly discovered evidence had expired. Such setting aside of  a
  judgment  of  conviction  and dismissal of an indictment, information or
  complaint against a defendant shall place  the  defendant  in  the  same
  position  as  if  the  indictment,  information  or  complaint  had been
  dismissed at the conclusion of the trial by the  court  because  of  the
  failure to establish the defendant's guilt beyond a reasonable doubt.