RS 9:160.5     

  

§160.5. General provisions applying to digital assets

            Notwithstanding any law to the contrary, all of the following shall apply:

            (1) The delivery of a digital asset or its liquidated value to the administrator's designated custodian constitutes payment or delivery for purposes of this Chapter.

            (2) A digital asset listed on an established exchange may not be sold or liquidated pursuant to any authority in this Chapter for less than the price prevailing on the exchange at the time of sale.

            (3) The sale or liquidation of a digital asset not listed on an established exchange that is sold or liquidated pursuant to any authority in this Chapter may be by any commercially reasonable method, and the price received shall be considered the prevailing price for valuation purposes.

            (4) Notwithstanding any provision to the contrary, the administrator, designated custodian of the administrator, or digital asset holder shall not be held liable for any loss or gain that may or would have been obtained had a digital asset been held and transferred in its native form or sold or liquidated pursuant to any authority in this Chapter.

            (5) The administrator may decline to offer a digital asset for sale if the administrator considers that the probable cost of sale will exceed the proceeds of that sale.

            (6) A purchaser of a digital asset at a sale conducted by the administrator pursuant to this Chapter takes that digital asset free of any claim of the owner or previous holder and of any person claiming through or under the owner or previous holder.

            (7) The administrator shall execute all documents and take all actions necessary to complete the transfer of ownership of a digital asset.

            Acts 1986, No. 829, §1, eff. July 10, 1986; Acts 1997, No. 809, §1, eff. July 10, 1997; Acts 2026, No. 891, §1, eff. Jan. 1, 2027.