Assembly Bill A10497

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10497
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the business corporation law, the not-for-profit  corpo-
   ration  law,  the  banking  law,  the  tax law, the executive law, the
   estates, powers and trusts law, the public health law, the real  prop-
   erty law and the general obligations law, in relation to providing for
   the remote conduct of certain practices and procedures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of section 708 of  the  business  corporation
 law,  as  amended by chapter 296 of the laws of 1977, is amended to read
 as follows:
   (b) Unless otherwise restricted by the certificate of incorporation or
 the by-laws, any action required or permitted to be taken by  the  board
 or  any  committee thereof may be taken without a meeting if all members
 of the board or the committee consent in writing to the  adoption  of  a
 resolution  authorizing  the  action.  The  resolution  and  the written
 consents thereto by the members of the board or committee shall be filed
 with the minutes of the proceedings of the board or committee.  NOTWITH-
 STANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE WRITTEN CONSENT OF A
 MEMBER MAY BE MADE ELECTRONICALLY, WHERE SUCH CONSENT IS  SUBMITTED  VIA
 ELECTRONIC  MAIL  ALONG WITH INFORMATION FROM WHICH IT CAN BE REASONABLY
 DETERMINED THAT THE TRANSMISSION WAS AUTHORIZED BY SUCH MEMBER.
   § 2. Paragraph (a) of section 602 of the business corporation  law  is
 amended to read as follows:
   (a) Meetings  of  shareholders  may  be  held at such place, within or
 without this state, as may be fixed by or under the by-laws, or  if  not
 so fixed, [at the office of the corporation in this state] AS DETERMINED
 BY THE BOARD OF DIRECTORS. IF, PURSUANT TO THIS PARAGRAPH OR THE BY-LAWS
 OF  THE  CORPORATION,  THE BOARD OF DIRECTORS IS AUTHORIZED TO DETERMINE
 THE PLACE OF A MEETING OF SHAREHOLDERS, THE BOARD OF DIRECTORS  MAY,  IN
 ITS SOLE DISCRETION, DETERMINE THAT THE MEETING SHALL NOT BE HELD AT ANY
 PLACE,  BUT  MAY  INSTEAD BE HELD SOLELY BY MEANS OF ELECTRONIC COMMUNI-
 CATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16300-01-0

 A. 10497                            2
 
   § 3. Section 605 of the business corporation law, as amended by  chap-
 ter 384 of the laws of 2019, is amended to read as follows:
 § 605. Notice of meetings of shareholders.
   (a)  Whenever  under  the  provisions of this chapter shareholders are
 required or permitted to take any action at a meeting, notice  shall  be
 given stating the place, IF ANY, date and hour of the meeting, the means
 of  electronic  communications, if any, by which shareholders and proxy-
 holders may participate in the proceedings of the meeting  and  vote  or
 grant  proxies  at  such  meeting  and, unless it is the annual meeting,
 indicating that it is being issued by or at the direction of the  person
 or  persons  calling the meeting. Notice of a special meeting shall also
 state the purpose or purposes for which the meeting is called. Notice of
 any meeting of shareholders may be written or  electronic.  If,  at  any
 meeting,  action  is proposed to be taken which would, if taken, entitle
 shareholders fulfilling the requirements of section  623  (Procedure  to
 enforce  shareholder's  right  to receive payment for shares) to receive
 payment for their shares, the notice of such  meeting  shall  include  a
 statement of that purpose and to that effect and shall be accompanied by
 a copy of section 623 or an outline of its material terms. Notice of any
 meeting  shall  be  given  not  fewer  than ten nor more than sixty days
 before the date of the meeting, provided, however, that such notice  may
 be  given  by  third class mail not fewer than twenty-four nor more than
 sixty days before the date of the meeting, to each shareholder  entitled
 to  vote at such meeting. If mailed, such notice is given when deposited
 in the United States mail, with postage thereon prepaid, directed to the
 shareholder at the shareholder's address as it appears on the record  of
 shareholders, or, if the shareholder shall have filed with the secretary
 of  the  corporation a request that notices to the shareholder be mailed
 to some other address, then directed to him at such  other  address.  If
 transmitted  electronically,  such  notice is given when directed to the
 shareholder's electronic mail address as supplied by the shareholder  to
 the  secretary  of  the corporation or as otherwise directed pursuant to
 the shareholder's authorization or instructions.  An  affidavit  of  the
 secretary  or  other  person giving the notice or of a transfer agent of
 the corporation that the notice required by this section has been  given
 shall,  in  the  absence  of fraud, be prima facie evidence of the facts
 therein stated.
   (b) When a meeting is adjourned to another time or place, it shall not
 be necessary, unless the by-laws require otherwise, to give  any  notice
 of  the  adjourned  meeting  if the time and place, IF ANY, to which the
 meeting is adjourned and the means of electronic communications, if any,
 by  which  shareholders  and  proxyholders  may   participate   in   the
 proceedings  of  the meeting and/or vote or grant proxies at the meeting
 are announced at the meeting at which the adjournment is taken,  and  at
 the  adjourned  meeting  any  business may be transacted that might have
 been transacted on the original date of the meeting. However,  if  after
 the  adjournment  the  board  fixes  a new record date for the adjourned
 meeting, a notice of the adjourned meeting shall be given to each share-
 holder of record on the new record date entitled to notice  under  para-
 graph (a) OF THIS SECTION.
   (c)  Nothing  required in paragraphs (a) and (b) of this section shall
 limit, restrict or supersede other forms of voting and participation.
   § 4. Paragraph (a) of section 603 of  the  not-for-profit  corporation
 law is amended to read as follows:
   (a)  Meetings  of members may be held at such place, within or without
 this state, as may be fixed by or under the by-laws or, if not so fixed,

 A. 10497                            3
 
 [at the office of the corporation in this state] AS  DETERMINED  BY  THE
 BOARD OF DIRECTORS. IF, PURSUANT TO THIS PARAGRAPH OR THE BY-LAWS OF THE
 CORPORATION, THE BOARD OF DIRECTORS IS AUTHORIZED TO DETERMINE THE PLACE
 OF  A  MEETING  OF  MEMBERS,  THE  BOARD  OF  DIRECTORS MAY, IN ITS SOLE
 DISCRETION, DETERMINE THAT THE MEETING SHALL NOT BE HELD AT  ANY  PLACE,
 BUT MAY INSTEAD BE HELD SOLELY BY MEANS OF ELECTRONIC COMMUNICATION.
   §  5. Section 605 of the not-for-profit corporation law, paragraph (a)
 as amended by chapter 549 of the laws of 2013, is  amended  to  read  as
 follows:
 § 605. Notice of meeting of members.
   (a) Whenever under the provisions of this chapter members are required
 or permitted to take any action at a meeting, written notice shall state
 the place, IF ANY, date and hour of the meeting, THE MEANS OF ELECTRONIC
 COMMUNICATIONS,  IF  ANY,  BY  WHICH  MEMBERS  MAY  PARTICIPATE  IN  THE
 PROCEEDINGS OF THE MEETING AND VOTE AT SUCH MEETING and, unless it is an
 annual meeting, indicate that it is being issued by or at the  direction
 of  the person or persons calling the meeting. Notice of a special meet-
 ing shall also state the purpose or purposes for which  the  meeting  is
 called.  A copy of the notice of any meeting shall be given, personally,
 by mail, or by facsimile telecommunications or by  electronic  mail,  to
 each  member  entitled  to  vote at such meeting. If the notice is given
 personally, by first class mail or by facsimile telecommunications or by
 electronic mail, it shall be given not less than ten nor more than fifty
 days before the date of the meeting; if mailed by  any  other  class  of
 mail,  it  shall  be given not less than thirty nor more than sixty days
 before such date. If mailed, such notice is given when deposited in  the
 United States mail, with postage thereon prepaid, directed to the member
 at  his  address as it appears on the record of members, or, if he shall
 have filed with the secretary of the corporation a written request  that
 notices  to him be mailed to some other address, then directed to him at
 such other address. If sent by  facsimile  telecommunication  or  mailed
 electronically,  such  notice is given when directed to the member's fax
 number or electronic mail  address  as  it  appears  on  the  record  of
 members,  or,  to  such  fax  number or other electronic mail address as
 filed with the secretary of the corporation. Notwithstanding the forego-
 ing, such notice shall not be deemed to have been  given  electronically
 (1)  if  the corporation is unable to deliver two consecutive notices to
 the member by facsimile telecommunication or electronic mail; or (2) the
 corporation otherwise becomes aware that notice cannot be  delivered  to
 the member by facsimile telecommunication or electronic mail. An affida-
 vit  of the secretary or other person giving the notice or of a transfer
 agent of the corporation that the notice required by  this  section  has
 been  given  shall,  in the absence of fraud, be prima facie evidence of
 the facts therein stated. Whenever a  corporation  has  more  than  five
 hundred  members, the notice may be served by publication in a newspaper
 published in the county in the state in which the  principal  office  of
 the  corporation is located, once a week for three successive weeks next
 preceding the date of the meeting, provided that the  corporation  shall
 also  prominently  post  notice  of  such meeting on the homepage of any
 website maintained by the corporation  continuously  from  the  date  of
 publication  through  the  date of the meeting. A corporation shall send
 notice of meetings by first class mail to any  member  who  requests  in
 writing that such notices be delivered by such method.
   (b) When a meeting is adjourned to another time or place, it shall not
 be  necessary,  unless the by-laws require otherwise, to give any notice
 of the adjourned meeting if the time and place, IF  ANY,  to  which  the

 A. 10497                            4
 
 meeting is adjourned AND THE MEANS OF ELECTRONIC COMMUNICATIONS, IF ANY,
 BY  WHICH  MEMBERS MAY PARTICIPATE IN THE PROCEEDINGS OF THE MEETING AND
 VOTE AT SUCH MEETING are announced at the meeting at which the  adjourn-
 ment  is  taken, and at the adjourned meeting any business may be trans-
 acted that might have been transacted on the original date of the  meet-
 ing. However, if after the adjournment the board fixes a new record date
 for  the  adjourned  meeting, a notice of the adjourned meeting shall be
 given to each member of record on the new record date entitled to notice
 under paragraph (a) OF THIS SECTION.
   (C) NOTHING REQUIRED IN PARAGRAPHS (A) AND (B) OF THIS  SECTION  SHALL
 LIMIT, RESTRICT OR SUPERSEDE OTHER FORMS OF VOTING AND PARTICIPATION.
   § 6. Section 11 of the banking law is amended by adding a new subdivi-
 sion 5 to read as follows:
   5.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, ANY INSTRU-
 MENT WHICH IS SIGNED AND DELIVERED TO THE SUPERINTENDENT PURSUANT TO ANY
 PROVISION OF THIS CHAPTER, AND IS REQUIRED TO BE  VERIFIED  OR  ACKNOWL-
 EDGED  PURSUANT  TO  THE  PROVISIONS OF THIS CHAPTER, MAY BE VERIFIED OR
 ACKNOWLEDGED BY INCLUDING THE STANDARD  VERIFICATION  OR  ACKNOWLEDGMENT
 LANGUAGE  IN  SUCH  INSTRUMENT  AND  TRANSMITTING  A LEGIBLE COPY OF THE
 SIGNED INSTRUMENT BY FAX OR ELECTRONIC MEANS. THE  SUPERINTENDENT  SHALL
 PROMULGATE ALL RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF
 THE PROVISIONS OF THIS SUBDIVISION.
   § 7. Section 171 of the tax law is amended by adding a new subdivision
 twenty-ninth to read as follows:
   TWENTY-NINTH.  HAVE THE AUTHORITY TO ACCEPT DIGITAL SIGNATURES IN LIEU
 OF HANDWRITTEN SIGNATURES ON DOCUMENTS RELATED TO THE  DETERMINATION  OR
 COLLECTION OF TAX LIABILITY. THE COMMISSIONER SHALL PROMULGATE RULES AND
 REGULATIONS  REGARDING  WHICH  DOCUMENTS  SHALL BE ACCEPTED WITH DIGITAL
 SIGNATURES AND THE REQUIREMENTS FOR SUCH DIGITAL SIGNATURES.
   § 8. The executive law is amended by adding a  new  section  137-a  to
 read as follows:
   § 137-A. NOTARY SERVICES PROVIDED UTILIZING AUDIO-VIDEO TECHNOLOGY. 1.
 NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, A NOTARY PUBLIC
 MAY EXERCISE HIS OR HER POWERS UTILIZING AUDIO-VIDEO TECHNOLOGY  IF  THE
 FOLLOWING CONDITIONS ARE MET:
   (A) THE PERSON SEEKING THE NOTARY SERVICES, IF NOT PERSONALLY KNOWN TO
 THE NOTARY PUBLIC, SHALL PRESENT VALID PHOTO IDENTIFICATION TO THE NOTA-
 RY PUBLIC DURING THE AUDIO-VIDEO CONFERENCE.
   (B)  THE  AUDIO-VIDEO  CONFERENCE  SHALL  ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PERSON RECEIVING NOTARY SERVICES AND THE NOTARY PUBLIC.
   (C) THE PERSON RECEIVING NOTARY SERVICES SHALL AFFIRMATIVELY REPRESENT
 THAT HE OR SHE IS PHYSICALLY SITUATED IN THE STATE.
   (D) THE PERSON RECEIVING NOTARY SERIES SHALL TRANSMIT BY FAX OR  ELEC-
 TRONIC  MEANS A LEGIBLE COPY OF THE DOCUMENT SIGNED DURING THE AUDIO-VI-
 DEO CONFERENCE DIRECTLY TO THE NOTARY PUBLIC ON THE SAME  DATE  AS  SUCH
 AUDIO-VIDEO CONFERENCE.
   (E) THE NOTARY PUBLIC SHALL NOTARIZE THE TRANSMITTED COPY OF THE DOCU-
 MENT SIGNED DURING THE AUDIO-VIDEO CONFERENCE AND TRANSMIT THE SAME BACK
 TO THE PERSON RECEIVING NOTARY SERVICES.
   2.  A NOTARY PUBLIC MAY REPEAT THE NOTARIZATION OF THE ORIGINAL SIGNED
 DOCUMENT AS OF THE DATE OF EXECUTION PROVIDED  THAT  THE  NOTARY  PUBLIC
 RECEIVES  SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY
 NOTARIZED COPY, NOTARIZED PURSUANT TO THE PROVISIONS OF SUBDIVISION  ONE
 OF THIS SECTION, WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
   § 9. Section 3-2.1 of the estates, powers and trusts law is amended by
 adding a new paragraph (c) to read as follows:

 A. 10497                            5
 
   (C) (1) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
 THE ATTESTATION OF WILLS MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLOGY IF
 THE FOLLOWING CONDITIONS ARE MET:
   (A)  THE  TESTATOR,  IF NOT PERSONALLY KNOWN TO THE ATTESTING WITNESS,
 SHALL PRESENT VALID PHOTO IDENTIFICATION TO THE ATTESTING WITNESS DURING
 THE AUDIO-VIDEO CONFERENCE.
   (B) THE AUDIO-VIDEO CONFERENCE  SHALL  ALLOW  FOR  DIRECT  INTERACTION
 BETWEEN THE TESTATOR AND THE ATTESTING WITNESS.
   (C)  THE  ATTESTING WITNESS SHALL RECEIVE A LEGIBLE COPY OF THE SIGNA-
 TURE PAGE, OR PAGES, WHICH SHALL BE TRANSMITTED VIA  FAX  OR  ELECTRONIC
 MEANS,  ON  THE  SAME  DATE  THAT  SUCH PAGES ARE SIGNED BY THE TESTATOR
 DURING THE AUDIO-VIDEO CONFERENCE.
   (D) THE ATTESTING WITNESS SHALL  SIGN  THE  TRANSMITTED  COPY  OF  THE
 SIGNATURE PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE TESTATOR.
   (2)  AN  ATTESTING  WITNESS MAY REPEAT THE ATTESTATION OF THE ORIGINAL
 SIGNATURE PAGE, OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED THAT  THE
 ATTESTING  WITNESS  RECEIVES  SUCH  ORIGINAL  SIGNATURE  PAGE, OR PAGES,
 TOGETHER WITH THE ELECTRONICALLY ATTESTED COPY, ATTESTED TO PURSUANT  TO
 THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH, WITHIN THIRTY DAYS
 AFTER THE DATE OF EXECUTION.
   §  10. Section 7-1.17 of the estates, powers and trusts law is amended
 by adding a new paragraph (c) to read as follows:
   (C) (1) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
 WITNESSING PURSUANT TO THIS SECTION MAY BE  MADE  UTILIZING  AUDIO-VIDEO
 TECHNOLOGY IF THE FOLLOWING CONDITIONS ARE MET:
   (A)  THE  PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED, IF
 NOT PERSONALLY KNOWN TO THE WITNESSES, SHALL PRESENT VALID  PHOTO  IDEN-
 TIFICATION TO THE WITNESSES DURING THE AUDIO-VIDEO CONFERENCE.
   (B)  THE  AUDIO-VIDEO  CONFERENCE  SHALL  ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED AND
 THE WITNESSES.
   (C) THE WITNESSES SHALL RECEIVE A LEGIBLE COPY OF THE SIGNATURE  PAGE,
 OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC MEANS, ON THE
 SAME  DATE  THAT SUCH PAGES ARE SIGNED BY THE PERSON REQUESTING THAT HIS
 OR HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO CONFERENCE.
   (D) THE WITNESSES SHALL SIGN THE TRANSMITTED  COPY  OF  THE  SIGNATURE
 PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT
 HIS OR HER SIGNATURE BE WITNESSED.
   (2)  A  WITNESS  MAY  REPEAT  THE WITNESSING OF THE ORIGINAL SIGNATURE
 PAGE, OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED  THAT  THE  WITNESS
 RECEIVES SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELEC-
 TRONICALLY  WITNESSED  COPY,  WITNESSED  PURSUANT  TO  THE PROVISIONS OF
 SUBPARAGRAPH ONE OF THIS PARAGRAPH, WITHIN THIRTY DAYS AFTER THE DATE OF
 EXECUTION.
   § 11. Section 2981 of the public health law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. ALTERNATE PROCEDURE FOR WITNESSING OF HEALTH CARE PROXIES.    (A)
 NOTWITHSTANDING  ANY PROVISION OF THIS SECTION TO THE CONTRARY, WITNESS-
 ING PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLO-
 GY IF THE FOLLOWING CONDITIONS ARE MET:
   (I) THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE  WITNESSED,  IF
 NOT  PERSONALLY  KNOWN TO THE WITNESSES, SHALL PRESENT VALID PHOTO IDEN-
 TIFICATION TO THE WITNESSES DURING THE AUDIO-VIDEO CONFERENCE.
   (II) THE AUDIO-VIDEO CONFERENCE SHALL  ALLOW  FOR  DIRECT  INTERACTION
 BETWEEN THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED AND
 THE WITNESSES.

 A. 10497                            6
 
   (III)  THE  WITNESSES  SHALL  RECEIVE  A LEGIBLE COPY OF THE SIGNATURE
 PAGE, OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC  MEANS,
 ON  THE  SAME  DATE  THAT SUCH PAGES ARE SIGNED BY THE PERSON REQUESTING
 THAT HIS OR HER SIGNATURE BE WITNESSED DURING  THE  AUDIO-VIDEO  CONFER-
 ENCE.
   (IV)  THE  WITNESSES  SHALL SIGN THE TRANSMITTED COPY OF THE SIGNATURE
 PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT
 HIS OR HER SIGNATURE BE WITNESSED.
   (B) A WITNESS MAY REPEAT THE  WITNESSING  OF  THE  ORIGINAL  SIGNATURE
 PAGE,  OR  PAGES,  AS OF THE DATE OF EXECUTION PROVIDED THAT THE WITNESS
 RECEIVES SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELEC-
 TRONICALLY WITNESSED COPY, WITNESSED PURSUANT TO THE PROVISIONS OF PARA-
 GRAPH (A) OF THIS SUBDIVISION, WITHIN THIRTY  DAYS  AFTER  THE  DATE  OF
 EXECUTION.
   § 12. Section 4201 of the public health law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A.  (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRA-
 RY, WITNESSING PURSUANT TO THIS SECTION MAY BE MADE UTILIZING  AUDIO-VI-
 DEO TECHNOLOGY IF THE FOLLOWING CONDITIONS ARE MET:
   (I)  THE  PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED, IF
 NOT PERSONALLY KNOWN TO THE WITNESSES, SHALL PRESENT VALID  PHOTO  IDEN-
 TIFICATION TO THE WITNESSES DURING THE AUDIO-VIDEO CONFERENCE.
   (II)  THE  AUDIO-VIDEO  CONFERENCE  SHALL ALLOW FOR DIRECT INTERACTION
 BETWEEN THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED AND
 THE WITNESSES.
   (III) THE WITNESSES SHALL RECEIVE A  LEGIBLE  COPY  OF  THE  SIGNATURE
 PAGE,  OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC MEANS,
 ON THE SAME DATE THAT SUCH PAGES ARE SIGNED  BY  THE  PERSON  REQUESTING
 THAT  HIS  OR  HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO CONFER-
 ENCE.
   (IV) THE WITNESSES SHALL SIGN THE TRANSMITTED COPY  OF  THE  SIGNATURE
 PAGE, OR PAGES, AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT
 HIS OR HER SIGNATURE BE WITNESSED.
   (B)  A  WITNESS  MAY  REPEAT  THE WITNESSING OF THE ORIGINAL SIGNATURE
 PAGE, OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED  THAT  THE  WITNESS
 RECEIVES SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELEC-
 TRONICALLY WITNESSED COPY, WITNESSED PURSUANT TO THE PROVISIONS OF PARA-
 GRAPH  (A)  OF  THIS  SUBDIVISION,  WITHIN THIRTY DAYS AFTER THE DATE OF
 EXECUTION.
   § 13. The real property law is amended by adding a new  section  304-a
 to read as follows:
   §  304-A.  WITNESSING  UTILIZING AUDIO-VIDEO TECHNOLOGY. 1.   NOTWITH-
 STANDING ANY PROVISION OF  THIS  ARTICLE  TO  THE  CONTRARY,  WITNESSING
 PURSUANT TO THIS SECTION MAY BE MADE UTILIZING AUDIO-VIDEO TECHNOLOGY IF
 THE FOLLOWING CONDITIONS ARE MET:
   (A)  THE  PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED, IF
 NOT PERSONALLY KNOWN TO THE WITNESS, SHALL PRESENT VALID PHOTO IDENTIFI-
 CATION TO THE WITNESS DURING THE AUDIO-VIDEO CONFERENCE.
   (B) THE AUDIO-VIDEO CONFERENCE  SHALL  ALLOW  FOR  DIRECT  INTERACTION
 BETWEEN THE PERSON REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED AND
 THE WITNESS.
   (C)  THE WITNESSES SHALL RECEIVE A LEGIBLE COPY OF THE SIGNATURE PAGE,
 OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC MEANS, ON THE
 SAME DATE THAT SUCH PAGES ARE SIGNED BY THE PERSON REQUESTING  THAT  HIS
 OR HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO CONFERENCE.

 A. 10497                            7
 
   (D) THE WITNESS SHALL SIGN THE TRANSMITTED COPY OF THE SIGNATURE PAGE,
 OR  PAGES,  AND TRANSMIT THE SAME BACK TO THE PERSON REQUESTING THAT HIS
 OR HER SIGNATURE BE WITNESSED.
   2. A WITNESS MAY REPEAT THE WITNESSING OF THE ORIGINAL SIGNATURE PAGE,
 OR PAGES, AS OF THE DATE OF EXECUTION PROVIDED THAT THE WITNESS RECEIVES
 SUCH ORIGINAL SIGNATURE PAGE, OR PAGES, TOGETHER WITH THE ELECTRONICALLY
 WITNESSED  COPY, WITNESSED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE
 OF THIS SECTION, WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
   § 14. Paragraph (b) of subdivision 9 of section 5-1514 of the  general
 obligations  law,  as  amended  by  chapter  340 of the laws of 2010, is
 amended to read as follows:
   (b) Be signed and dated by a principal with capacity, with the  signa-
 ture of the principal duly acknowledged in the manner prescribed for the
 acknowledgment  of  a  conveyance of real property, and witnessed by two
 persons who are not named in the instrument as permissible recipients of
 gifts, in the manner described in subparagraph two of paragraph  (a)  OR
 PARAGRAPH  (C)  of  section 3-2.1 of the estates, powers and trusts law.
 The person who takes the acknowledgment, under this paragraph, may  also
 serve as one of the witnesses.
   §  15.  This act shall take effect on the thirtieth day after it shall
 have become a law.