West Virginia Code § 44-5B-16

Custodian compliance and immunity
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(a) Not later than 60 days after receipt of the information required under §44-5B-7 through
§44-5B-15 of this code, 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 §44-5B-16(a) of this code directing compliance must contain a finding
that compliance is not in violation of 18 U.S.C. § 2702. u
(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 §44-5B-1 et seq. of this code from a fiduciary or
designated recipient for disclosure of digital assetsl 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 §44-5B-1 et seq. of this code
to obtain a court order which:
(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 requeste d disclosure; and
(3) Contains a finding required by law other than this article.
(f) AW 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.

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