NY State Senate Bill 2019-S8317A

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2020	print number 8317a
May 22, 2020	amend (t) and recommit to corporations, authorities and commissions
May 11, 2020	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2019-S8317 - Details

See Assembly Version of this Bill:: A10569
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Business Corporation Law
Laws Affected:: Amd §11, Bank L; amd §171, Tax L; add §137-a, Exec L; amd §§3-2.1 & 7-1.17, EPT L; amd §§2981 & 4201, Pub Health L; add §304-a, RP L; amd §5-1514, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S558, S8071
2023-2024: S6967
2025-2026: S7572

2019-S8317 - Summary

Provides for the remote conduct of certain practices and procedures utilizing electronic and/or audio-visual technologies.

2019-S8317 - Sponsor Memo

                                
 
BILL NUMBER: S8317

SPONSOR: BENJAMIN
 
TITLE OF BILL:

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 property
law and the general obligations law, in relation to providing for the
remote conduct of certain practices and procedures

 
PURPOSE::

To modernize various provisions in state law relating to remote meet-
ings, remote notarization and other processes. Codifies Executive Orders
of 2020: EO 202.5, EO 202.7, EO 202.8, EO 202.13, EO 202.14, EO 202.15,
and EO 202.18.

 
SUMMARY OF PROVISIONS::

Section 1 amends subdivision b of section 708 of the Business Corpo-

ration Law to the extent necessary to permit business corporations to
take any action otherwise permitted under that section with the elec-
tronic consent of the members of the board or committee, when such
consent is submitted via electronic mail along with information from
which it can reasonably be determined that the transmission was author-
ized by such member;

§ 2 and § 3 amend subsection (a) of Section 602 and subsections (a) and

(b) of section 605 of New York's Business Corporation Law to the extent
the provisions require meetings of shareholders to be noticed and held
at a physical location;

§ 4 amends Section 603(b) of the Not-for-Profit Corporations Law to the
extent necessary to permit annual meetings of members to be held remote-
ly or by electronic means;

§ 5 amends section 605 of the Not-for-Profit Corporations Law to allow
for electronic notification of meetings of the boards of not-for-profit
corporations

§ 6 amends section 11 of the banking law by adding a new subdivision 5
allowing for fax or other electronic copies.

§ 7 amends the tax law to add a new section twenty-seventh to allow for
digital signatures.

§ 8 amends the executive law by adding a new section 137-a to allow for
electronic notary services.

§ 9 amends the estates, powers, and trusts law section 3-2.1 adding a
new paragraph c to allow for electronic attestations of wills

§ 10 amends the estates, powers, and trusts law for electronic signa-
tures and witnessing thereof

§ 11 amends the public health law section 2981 for electronic witnessing
of health care proxies.
§ 12 amends the public health law section 4201 to accommodate electronic
assignment of responsibility for the disposal of human remains.

§ 13 amends the real property law by adding new section 304-a to allow
for witnessing of signatures via audio-video technology.

§ 14 amends the general obligations law to recognize changes in § 9 of
this bill.

§ 15 sets the effective date.

 
EXISTING LAW::

Current law requires physical presence for a number of routine business
procedures.

 
JUSTIFICATION::

The public health emergency arising from COVID-19 has revealed a number
of small choke points in business practices that can be cleared by
adopting more modern technology. The executive has issued a number of
executive orders under the emergency to remove such barriers. This
legislation codifies such changes.

 
LEGISLATIVE HISTORY::

New bill

 
FISCAL IMPLICATIONS::

None.

 
LOCAL FISCAL IMPLICATIONS::

None

 
EFFECTIVE DATE::

thirty days after passage.

2019-S8317 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8317
 
                             I N  S E N A T E
 
                               May 11, 2020
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16300-01-0

 S. 8317                             2
 
 PLACE, BUT MAY INSTEAD BE HELD SOLELY BY MEANS  OF  ELECTRONIC  COMMUNI-
 CATION.
   §  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:

 S. 8317                             3
 
   (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,
 [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.

 S. 8317                             4
 
   (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  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

 S. 8317                             5

 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:
   (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:

 S. 8317                             6
 
   (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.
   § 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.

 S. 8317                             7
 
   (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.
   (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.

2019-S8317A (ACTIVE) - Details

See Assembly Version of this Bill:: A10569
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Business Corporation Law
Laws Affected:: Amd §11, Bank L; amd §171, Tax L; add §137-a, Exec L; amd §§3-2.1 & 7-1.17, EPT L; amd §§2981 & 4201, Pub Health L; add §304-a, RP L; amd §5-1514, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S558, S8071
2023-2024: S6967
2025-2026: S7572

2019-S8317A (ACTIVE) - Summary

Provides for the remote conduct of certain practices and procedures utilizing electronic and/or audio-visual technologies.

2019-S8317A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8317a

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the banking law, the tax law, the executive law, the
estates, powers and trusts law, the public health law, the real property
law and the general obligations law, in relation to providing for the
remote conduct of certain practices and procedures

 
PURPOSE:

To modernize various provisions in state law relating to remote meet-
ings, remote notarization and other processes. Codifies Executive Orders
of 2020: EO 202.5, EO 202.7, EO 202.8, E0 202.13, EO 202.14, EO 202.15,
and EO 202.18.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 11 of the banking law by adding a new subdivi-
sion 5 allowing for fax or other electronic copies.

§ 2 adds new subdivision twenty-ninth to allow for digital signature in
lieu of handwritten signatures on documents related to tax liability.

§ 3 amends the executive law by adding a new section 137-a to allow for
electronic notary services.

§ 4 amends the estates, powers, and trusts law section 3-2.1 adding a
new paragraph c to allow for electronic attestations of wills

§ 5 amends the estates, powers, and trusts law for electronic signatures
and witnessing thereof

§ 6 amends the public health law section 2981 for electronic witnessing
of health care proxies.

§ 7 amends the public health law section 4201 to accommodate electronic
assignment of responsibility for the disposal of human remains.

§ 8 amends the real property law by adding new section 304-a to allow
for witnessing of signatures via audio-video technology.

§ 9 amends the general obligations law to recognize changes in § 4 of
this bill. § 15 sets the effective date.

 
EXISTING LAW:

Current law requires physical presence for a number of routine business
procedures.

 
JUSTIFICATION:

The public health emergency arising from COVID-19 has revealed a number
of small chokepoints in business practices that can be cleared by adopt-
ing more modern technology. The executive has issued a number of execu-
tive orders under the emergency to remove such barriers. This legis-
lation codifies such changes.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Thirty days after passage.

2019-S8317A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8317--A
 
                             I N  S E N A T E
 
                               May 11, 2020
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend 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.  Section  11 of the banking law is amended by adding a new
 subdivision 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.
   § 2. 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.
   §  3.  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16300-03-0

 S. 8317--A                          2
 
   (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 WITHIN TWENTY-FOUR HOURS OF
 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.
   § 4. Section 3-2.1 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,
 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, WITHIN TWENTY-FOUR HOURS OF SUCH PAGES BEING SIGNED BY THE TESTA-
 TOR 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.
   §  5.  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, WITHIN
 TWENTY-FOUR  HOURS  OF  SUCH PAGES BEING SIGNED BY THE PERSON REQUESTING

 S. 8317--A                          3
 
 THAT HIS OR HER SIGNATURE BE WITNESSED DURING  THE  AUDIO-VIDEO  CONFER-
 ENCE.
   (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.
   §  6. 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.
   (III)  THE  WITNESSES  SHALL  RECEIVE  A LEGIBLE COPY OF THE SIGNATURE
 PAGE, OR PAGES, WHICH SHALL BE TRANSMITTED VIA FAX OR ELECTRONIC  MEANS,
 WITHIN  TWENTY-FOUR  HOURS  OF  SUCH  PAGES  BEING  SIGNED BY THE PERSON
 REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO
 CONFERENCE.
   (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.
   § 7. 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,
 WITHIN TWENTY-FOUR HOURS OF  SUCH  PAGES  BEING  SIGNED  BY  THE  PERSON
 REQUESTING THAT HIS OR HER SIGNATURE BE WITNESSED DURING THE AUDIO-VIDEO
 CONFERENCE.
   (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.

 S. 8317--A                          4
 
   (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.
   § 8. 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, WITHIN
 TWENTY-FOUR  HOURS  OF  SUCH PAGES BEING SIGNED BY THE PERSON REQUESTING
 THAT HIS OR HER SIGNATURE BE WITNESSED DURING  THE  AUDIO-VIDEO  CONFER-
 ENCE.
   (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.
   §  9.  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.
   § 10. This act shall take effect on the thirtieth day after  it  shall
 have become a law.

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Senate Bill S8317A

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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Sponsored By

Brian Benjamin

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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2019-S8317A (ACTIVE) - Sponsor Memo

2019-S8317A (ACTIVE) - Bill Text download pdf

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