4. "Person" [shall mean] MEANS a natural person, corporation, BUSINESS
TRUST, trust, estate, partnership, LIMITED LIABILITY COMPANY, incorpo-
rated or unincorporated association, JOINT VENTURE, or any other legal
OR COMMERCIAL entity, and also includes any department, agency, authori-
ty, or instrumentality of the state or its political subdivisions.
5. "[Governmental] GOVERNMENT entity" [shall mean] MEANS any state
department, board, bureau, division, commission, committee, public
authority, public benefit corporation, council, office, or other govern-
mental entity or officer of the state having statewide authority, except
the state legislature, and any political subdivision of the state.
6. "AGREEMENT" MEANS THE BARGAIN OF THE PARTIES IN FACT, AS FOUND IN
THEIR LANGUAGE OR INFERRED FROM OTHER CIRCUMSTANCES AND FROM RULES,
REGULATIONS, AND PROCEDURES GIVEN THE EFFECT OF AGREEMENTS UNDER LAWS
OTHERWISE APPLICABLE TO A PARTICULAR TRANSACTION.
7. "AUTOMATED TRANSACTION" MEANS A TRANSACTION CONDUCTED OR PERFORMED,
IN WHOLE OR IN PART, BY ELECTRONIC MEANS OR ELECTRONIC RECORDS, IN WHICH
THE ACTS OR RECORDS OF ONE OR BOTH PARTIES ARE NOT REVIEWED BY AN INDI-
VIDUAL IN THE ORDINARY COURSE IN FORMING A CONTRACT, PERFORMING UNDER AN
EXISTING CONTRACT, OR FULFILLING AN OBLIGATION REQUIRED BY THE TRANS-
ACTION.
8. "COMPUTER PROGRAM" MEANS A SET OF STATEMENTS OR INSTRUCTIONS TO BE
USED DIRECTLY OR INDIRECTLY IN AN INFORMATION PROCESSING SYSTEM IN ORDER
TO BRING ABOUT A CERTAIN RESULT.
9. "CONTRACT" MEANS THE TOTAL LEGAL OBLIGATION RESULTING FROM THE
PARTIES' AGREEMENT AS AFFECTED BY THIS ARTICLE AND OTHER APPLICABLE LAW.
10. "ELECTRONIC AGENT" MEANS A COMPUTER PROGRAM OR AN ELECTRONIC OR
OTHER AUTOMATED MEANS USED INDEPENDENTLY TO INITIATE AN ACTION OR
RESPOND TO ELECTRONIC RECORDS OR PERFORMANCES IN WHOLE OR IN PART, WITH-
OUT REVIEW OR ACTION BY AN INDIVIDUAL.
11. "INFORMATION" MEANS DATA, TEXT, IMAGES, SOUNDS, CODES, COMPUTER
PROGRAMS, SOFTWARE, DATABASES, OR THE LIKE.
12. "INFORMATION PROCESSING SYSTEM" MEANS AN ELECTRONIC SYSTEM FOR
CREATING, GENERATING, SENDING, RECEIVING, STORING, DISPLAYING, OR PROC-
ESSING INFORMATION.
13. "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
PERCEIVABLE FORM.
14. "SECURITY PROCEDURE" MEANS A PROCEDURE EMPLOYED FOR THE PURPOSE OF
VERIFYING THAT AN ELECTRONIC SIGNATURE, RECORD, OR PERFORMANCE IS THAT
OF A SPECIFIC PERSON OR FOR DETECTING CHANGES OR ERRORS IN THE INFORMA-
TION IN AN ELECTRONIC RECORD. THE TERM INCLUDES A PROCEDURE THAT
REQUIRES THE USE OF ALGORITHMS OR OTHER CODES, IDENTIFYING WORDS OR
NUMBERS, ENCRYPTION, OR CALLBACK OR OTHER ACKNOWLEDGMENT PROCEDURES.
15. "TRANSACTION" MEANS AN ACTION OR SET OF ACTIONS OCCURRING BETWEEN
TWO OR MORE PERSONS RELATING TO THE CONDUCT OF BUSINESS, COMMERCIAL, OR
GOVERNMENTAL AFFAIRS.
§ 2. Section 304 of the state technology law, as renumbered by chapter
437 of the laws of 2004, is amended to read as follows:
§ 304. Use of electronic signatures. [1.] The electronic facilitator
shall establish rules and regulations governing the use of electronic
signatures and authentication. The electronic facilitator shall not
establish rules or regulations that seek to apportion fault or impose or
limit liability relating to the use of electronic signatures.
[2. In accordance with this section unless specifically provided
otherwise by law, an electronic signature may be used by a person in
lieu of a signature affixed by hand. The use of an electronic signature
A. 9232--A 3
shall have the same validity and effect as the use of a signature
affixed by hand.]
§ 3. Subdivisions 3 and 4 of section 305 of the state technology law
are REPEALED.
§ 4. Section 306 of the state technology law, as renumbered by chapter
437 of the laws of 2004, is amended to read as follows:
§ 306. Admissibility into evidence. 1. IN A JUDICIAL OR ADMINISTRA-
TIVE PROCEEDING, EVIDENCE OF A RECORD OR SIGNATURE MAY NOT BE EXCLUDED
SOLELY BECAUSE IT IS IN ELECTRONIC FORM.
2. In any legal proceeding where the provisions of the civil practice
law and rules are applicable, THE ADMISSIBILITY INTO EVIDENCE OF an
electronic record or electronic signature [may be admitted into evidence
pursuant to] SHALL BE GOVERNED BY the provisions of article forty-five
of the civil practice law and rules including, but not limited to
section four thousand five hundred thirty-nine of such law and rules.
§ 5. Section 307 of the state technology law, as renumbered by chapter
437 of the laws of 2004, subdivision 1 as separately amended by chapter
543 of the laws of 2023 and chapter 33 of the laws of 2024, and subdivi-
sion 3 as amended by chapter 549 of the laws of 2011, is amended to read
as follows:
§ 307. [Exceptions. This article shall not apply:] LIMITATIONS ON
SCOPE. 1. [To any document providing for the disposition of an individ-
ual's person or property upon death or incompetence, or appointing a
fiduciary of an individual's person or property, including, without
limitation, wills, trusts, decisions consenting to orders not to resus-
citate, and powers of attorney, with the exception of: (a)] THIS ARTICLE
SHALL NOT APPLY TO ANY WRITTEN INSTRUMENT OR ORAL DECLARATION THAT IS A
WILL AS DEFINED IN SECTION 1-2.19 OF THE ESTATES, POWERS AND TRUSTS LAW,
OR TO ANY ELECTRONIC RECORD WHICH, IF IT WERE IN WRITING, WOULD BE A
WILL AS DEFINED IN SUCH SECTION UNLESS SUCH ELECTRONIC RECORD IS
EXECUTED PURSUANT TO PART SIX OF ARTICLE THREE OF THE ESTATES, POWERS
AND TRUSTS LAW, BUT FOR THE AVOIDANCE OF DOUBT, EXCEPTING FROM EXCLUSION
(A) ANY RECORD THAT EFFECTS A TRANSFER OF PROPERTY UPON DEATH WITHOUT
THE ADMISSION OF A WILL TO PROBATE OR THAT IS SPECIFIED TO BE NON-TESTA-
MENTARY UNDER APPLICABLE LAW, INCLUDING contractual beneficiary desig-
nations, TRANSFER ON DEATH SECURITY REGISTRATIONS UNDER ARTICLE THIRTEEN
OF THE ESTATES, POWERS AND TRUSTS LAW, AND TRANSFER ON DEATH DEEDS UNDER
SECTION FOUR HUNDRED TWENTY-FOUR OF THE REAL PROPERTY LAW; (b) the
registration of CONSENT TO making, [amending, or revoking] OR AMENDMENT
OF REVOCATION OF, an anatomical gift under section forty-three hundred
ten of the public health law; (c) [documents and forms] A RECORD author-
izing or accepting funeral, cemetery [and] OR cremation services,
INCLUDING A DESIGNATION OF A PERSON TO CONTROL THE DISPOSITION OF A
DECEDENT'S REMAINS UNDER SECTION FORTY-TWO HUNDRED ONE OF THE PUBLIC
HEALTH LAW; [and] (d) the execution of a valid power of attorney for the
purpose of transferring a salvage certificate of title and the execution
of an odometer and damage disclosure statement in connection with such
title whenever a loss in connection with a private automobile is deter-
mined by an insurer to be a total loss or constructive total loss under
section three thousand four hundred twelve of the insurance law; (E) ANY
POWER OF ATTORNEY EXCLUDED FROM THE APPLICATION OF SECTION 5-1501B OF
THE GENERAL OBLIGATIONS LAW PURSUANT TO SECTION 5-1501C OF SUCH LAW; AND
(F) ANY POWER OF ATTORNEY THE GOVERNING LAW OF WHICH PROVIDES THAT SUCH
RECORD IS VALID, DESPITE THE FACT THAT IT HAS BEEN SIGNED ELECTRONICALLY
OR AN ELECTRONIC RECORD USED IN ITS FORMATION.
A. 9232--A 4
2. [To any negotiable instruments and other instruments of title wher-
ein possession of the instrument is deemed to confer title, unless an
electronic version of such record is created, stored or transferred
pursuant to this article in a manner that allows for the existence of
only one unique, identifiable and unalterable version which cannot be
copied except in a form that is readily identifiable as a copy.
3.] THIS ARTICLE SHALL NOT APPLY:
(A) TO A TRANSACTION GOVERNED BY THE UNIFORM COMMERCIAL CODE OTHER
THAN SECTIONS 1-207, 1-306, ARTICLE TWO AND ARTICLE TWO-A OF SUCH CODE;
(B) TO THE SIGNATURE OF A NOTARY ON AN ACKNOWLEDGEMENT OR SIMILAR
NOTARIAL CERTIFICATE OR OF A WITNESS ON AN ATTESTATION, IF SUCH NOTARY
OR WITNESS WAS NOT IN THE PHYSICAL PRESENCE OF BOTH THE SIGNER AND THE
RECORD AT THE TIME SUCH NOTARY OR WITNESS PURPORTED TO CONFIRM THE
AUTHENTICITY OF THE SIGNER'S SIGNATURE ON SUCH RECORD, UNLESS SUCH NOTA-
RIAL ACT OR ATTESTATION SATISFIES SECTION THREE HUNDRED TEN OF THIS
ARTICLE OR OTHER APPLICABLE LAW;
(C) To any other [document] RECORD OR ELECTRONIC SIGNATURE that the
electronic facilitator has specifically excepted, pursuant to the rules
and regulations of the electronic facilitator, from the application of
this article.
§ 5-a. Subdivision 1 of section 307 of the state technology law, as
amended by chapter 637 of the laws of 2025, is amended to read as
follows:
1. [To any document providing for the disposition of an individual's
person or property upon death or incompetence, or appointing a fiduciary
of an individual's person or property, including, without limitation,
wills, unless such will is executed pursuant to part six of article
three of the estates, powers and trusts law, trusts, decisions consent-
ing to orders not to resuscitate, and powers of attorney, with the
exception of: (a)] THIS ARTICLE SHALL NOT APPLY TO ANY WRITTEN INSTRU-
MENT OR ORAL DECLARATION THAT IS A WILL AS DEFINED IN SECTION 1-2.19 OF
THE ESTATES, POWERS AND TRUSTS LAW, OR TO ANY ELECTRONIC RECORD WHICH,
IF IT WERE IN WRITING, WOULD BE A WILL AS DEFINED IN SUCH SECTION UNLESS
SUCH ELECTRONIC RECORD IS EXECUTED PURSUANT TO PART SIX OF ARTICLE THREE
OF THE ESTATES, POWERS AND TRUSTS LAW, BUT FOR THE AVOIDANCE OF DOUBT,
EXCEPTING FROM EXCLUSION (A) ANY RECORD THAT EFFECTS A TRANSFER OF PROP-
ERTY UPON DEATH WITHOUT THE ADMISSION OF A WILL TO PROBATE OR THAT IS
SPECIFIED TO BE NON-TESTAMENTARY UNDER APPLICABLE LAW, INCLUDING
contractual beneficiary designations, TRANSFER ON DEATH SECURITY REGIS-
TRATIONS UNDER ARTICLE THIRTEEN OF THE ESTATES, POWERS AND TRUSTS LAW,
AND TRANSFER ON DEATH DEEDS UNDER SECTION FOUR HUNDRED TWENTY-FOUR OF
THE REAL PROPERTY LAW; (b) the registration of CONSENT TO making,
[amending, or revoking] OR AMENDMENT OR REVOCATION OF, an anatomical
gift under section forty-three hundred ten of the public health law; (c)
[documents and forms] A RECORD authorizing or accepting funeral, ceme-
tery [and] OR cremation services, INCLUDING A DESIGNATION OF A PERSON TO
CONTROL THE DISPOSITION OF A DECEDENT'S REMAINS UNDER SECTION FORTY-TWO
HUNDRED ONE OF THE PUBLIC HEALTH LAW; [and] (d) the execution of a valid
power of attorney for the purpose of transferring a salvage certificate
of title and the execution of an odometer and damage disclosure state-
ment in connection with such title whenever a loss in connection with a
private automobile is determined by an insurer to be a total loss or
constructive total loss under section three thousand four hundred twelve
of the insurance law; (E) ANY POWER OF ATTORNEY EXCLUDED FROM THE APPLI-
CATION OF SECTION 5-1501B OF THE GENERAL OBLIGATIONS LAW PURSUANT TO
SECTION 5-1501C OF SUCH LAW; AND (F) ANY POWER OF ATTORNEY THE GOVERNING
A. 9232--A 5
LAW OF WHICH PROVIDES THAT SUCH RECORD IS VALID, DESPITE THE FACT THAT
IT HAS BEEN SIGNED ELECTRONICALLY OR AN ELECTRONIC RECORD USED IN ITS
FORMATION.
§ 6. Subdivision 2 of section 308 of the state technology law, as
renumbered by chapter 437 of the laws of 2004, is amended to read as
follows:
2. A person [or an entity] that acts as an authenticator of electronic
signatures shall not disclose to a third party any personal information
reported to it by the electronic signatory other than the information
necessary to authenticate the signature unless the disclosure is made
pursuant to a court order or statute, or if the information or data is
used solely for statistical purposes in aggregate form. For purposes of
this section, "personal information" shall mean data that identifies a
specific NATURAL person, including but not limited to home and work
addresses, telephone number, e-mail address, social security number,
birthdate, gender, marital status, mother's maiden name, and health
data.
§ 7. Section 309 of the state technology law, as renumbered by chapter
437 of the laws of 2004, is amended to read as follows:
§ 309. Use of electronic records and signatures to be voluntary AND
VARIATION BY AGREEMENT. 1. Nothing in this article shall require any
[entity or] person to use an electronic record or an electronic signa-
ture unless otherwise provided by law.
2. WITH RESPECT TO A TRANSACTION, THIS ARTICLE APPLIES ONLY BETWEEN
PARTIES EACH OF WHICH HAS AGREED TO CONDUCT SUCH TRANSACTION BY ELEC-
TRONIC MEANS. WHETHER THE PARTIES AGREE TO CONDUCT A TRANSACTION BY
ELECTRONIC MEANS IS DETERMINED FROM THE CONTEXT AND SURROUNDING CIRCUM-
STANCES, INCLUDING THE PARTIES' CONDUCT.
3. A PARTY THAT AGREES TO CONDUCT A TRANSACTION BY ELECTRONIC MEANS
MAY REFUSE TO CONDUCT OTHER TRANSACTIONS BY ELECTRONIC MEANS. THE RIGHT
GRANTED BY THIS SUBDIVISION MAY NOT BE WAIVED BY AGREEMENT.
4. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE EFFECT OF ANY OF
ITS PROVISIONS MAY BE VARIED BY AGREEMENT. THE PRESENCE IN CERTAIN
PROVISIONS OF THIS ARTICLE OF THE WORDS "UNLESS OTHERWISE AGREED", OR
WORDS OF SIMILAR IMPORT, DOES NOT IMPLY THAT THE EFFECT OF OTHER
PROVISIONS MAY NOT BE VARIED BY AGREEMENT.
5. WHETHER AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE HAS LEGAL
CONSEQUENCES IS DETERMINED BY THIS ARTICLE AND OTHER APPLICABLE LAW.
§ 8. The state technology law is amended by adding a new section 310
to read as follows:
§ 310. ELECTRONIC NOTARIAL ACTS AND WITNESSING. 1. (A) A LAW OR REGU-
LATION THAT REQUIRES A NOTARIAL ACT WITH RESPECT TO A MANUAL OR WET
SIGNATURE ON A TANGIBLE RECORD TO ENABLE THAT RECORD TO HAVE A SPECIFIED
LEGAL EFFECT UNDER THE LAWS OF THIS STATE MAY BE SATISFIED BY A COMPARA-
BLE ELECTRONIC NOTARIAL ACT WITH RESPECT TO A SIGNED RECORD IN TANGIBLE
OR ELECTRONIC FORMAT, IF THAT ELECTRONIC NOTARIAL ACT SATISFIES THE
FOLLOWING CONDITIONS: THE ELECTRONIC NOTARIAL ACT (I) IS PERFORMED BY A
QUALIFIED NOTARY PUBLIC; (II) IS PERFORMED IN COMPLIANCE WITH THE LAW OF
THE JURISDICTION IN WHICH SUCH NOTARY PUBLIC IS LOCATED AT THE TIME OF
THE ELECTRONIC NOTARIAL ACT, AND (III) IS EVIDENCED BY THE QUALIFIED
NOTARY'S SIGNATURE ON A NOTARIAL CERTIFICATE THAT IS AFFIXED TO OR
LOGICALLY ASSOCIATED WITH THE SIGNED RECORD TO CREATE A RECORD WHICH
CONTAINS THE INFORMATION REQUIRED FOR SUCH NOTARIAL ACT.
(B) FOR PURPOSES OF THIS SECTION:
(I) "COMMUNICATION TECHNOLOGY" MEANS AN ELECTRONIC DEVICE OR PROCESS
THAT ENABLES A NOTARY PUBLIC TO RELIABLY IDENTIFY A REMOTELY LOCATED
A. 9232--A 6
INDIVIDUAL AND ANY RECORD SIGNED BY SUCH INDIVIDUAL AND ALLOWS FOR THE
NOTARY AND INDIVIDUAL TO COMMUNICATE WITH EACH OTHER SIMULTANEOUSLY BY
SIGHT AND SOUND.
(II) "ELECTRONIC NOTARIAL ACT" MEANS A NOTARIAL ACT ON OR INVOLVING AN
ELECTRONIC RECORD OR PERFORMED USING OR WITH RESPECT TO AN ELECTRONIC
SIGNATURE, OR PERFORMED USING COMMUNICATION TECHNOLOGY WITH RESPECT TO
ANY SIGNATURE ON A RECORD.
(III) "NOTARIAL ACT" MEANS ANY PERMITTED OFFICIAL ACTION OF A PERSON
APPOINTED WITH THE TITLE OF NOTARY PUBLIC PERFORMED WITHIN THE JURISDIC-
TION OF APPOINTMENT UNDER EITHER SECTION ONE HUNDRED THIRTY-FIVE OF THE
EXECUTIVE LAW OR ANY LAW OF ANOTHER JURISDICTION REGULATING NOTARIAL
ACTS.
(IV) "QUALIFIED NOTARY PUBLIC" MEANS AN ELECTRONIC NOTARY PUBLIC
UNDER THE LAW OF, AND LOCATED AT THE TIME OF THE NOTARIAL ACT IN, THIS
STATE, OR A NOTARY PUBLIC AUTHORIZED TO PERFORM THE ELECTRONIC NOTARIAL
ACT AND LOCATED IN, AND ACTING UNDER THE LAWS OF, A JURISDICTION IDENTI-
FIED IN SECTION TWO HUNDRED NINETY-NINE OF THE REAL PROPERTY LAW.
(V) "SIGN" MEANS TO CAUSE ONE'S NAME, SYMBOL OR MARK TO BE ATTACHED
TO, AFFIXED TO OR LOGICALLY ASSOCIATED WITH A RECORD FOR THE PURPOSE OF
AUTHENTICATING IT, GIVING IT EFFECT AS ONE'S ACT, OR EXECUTING OR OTHER-
WISE ADOPTING IT.
2. (A) A LAW OR REGULATION THAT REQUIRES WITNESSING OR ATTESTATION
WITH RESPECT TO THE SIGNING OF A TANGIBLE RECORD TO ENABLE THAT RECORD
TO HAVE A SPECIFIED LEGAL EFFECT MAY BE SATISFIED BY AN ACT OF WITNESS-
ING BY A WITNESS WHO EITHER (I) USES COMMUNICATION TECHNOLOGY TO OBSERVE
THE SIGNER OR (II) SIGNS AN ATTESTATION ON AN ELECTRONIC RECORD, IF THE
WITNESSING SATISFIES THE FOLLOWING CONDITIONS: THE WITNESS AND SIGNER
USE COMMUNICATION TECHNOLOGY PROVIDED BY A QUALIFIED NOTARY PUBLIC TO BE
PRESENT WITH EACH OTHER AND WITH THE NOTARY DURING THE ENTIRE COURSE OF,
AND SIMULTANEOUSLY WITH, AN ELECTRONIC NOTARIAL ACT WITH RESPECT TO THE
SIGNED RECORD BY SUCH QUALIFIED NOTARY IN COMPLIANCE WITH SUBDIVISION
ONE OF THIS SECTION, WHICH THE NOTARIAL ACT (1) INVOLVES THE IDENTIFICA-
TION OF THE SIGNER EITHER BY THE TESTIMONY UNDER PENALTY OF PERJURY OF
THE WITNESS BASED ON PERSONAL KNOWLEDGE OR BY IDENTIFICATION OF THE
SIGNER BY THE ELECTRONIC NOTARY PUBLIC; (2) OTHERWISE SATISFIES THE
REQUIREMENTS FOR THE NOTARIAL TAKING OF A PROOF BY A SUBSCRIBING WITNESS
UNDER SECTIONS THREE HUNDRED FOUR AND THREE HUNDRED SIX OF THE REAL
PROPERTY LAW; AND (3) IS EVIDENCED BY THE SIGNATURE OF THE QUALIFIED
NOTARY ON A NOTARIAL CERTIFICATE THAT IS AFFIXED TO OR LOGICALLY ASSOCI-
ATED WITH THE SIGNED RECORD TO CREATE A RECORD WHICH CONTAINS THE INFOR-
MATION REQUIRED FOR A VALID PROOF BY A WITNESS.
(B) A NOTARIAL IDENTIFICATION OF THE SIGNER UNDER SUBPARAGRAPH (I) OF
PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE DEEMED TO SATISFY ANY
REQUIREMENT OF SECTIONS THREE HUNDRED FOUR, THREE HUNDRED NINE-A AND
THREE HUNDRED NINE-B OF THE REAL PROPERTY LAW THAT A WITNESS KNOW OR BE
PERSONALLY ACQUAINTED WITH THE SIGNER. THE REQUIREMENTS FOR TAKING A
PROOF BY SUBSCRIBING WITNESS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION SHALL BE SATISFIED IF THE INFORMATION REQUIRED BY
SECTION THREE HUNDRED SIX OF THE REAL PROPERTY LAW IS SET FORTH IN THE
FORM OF AN AFFIDAVIT OF THE WITNESS WITH NOTARIAL JURAT RATHER THAN A
STATEMENT OF MATTERS DONE, KNOWN OR PROVED BY THE NOTARY PUBLIC IN A
NOTARIAL CERTIFICATE OF PROOF. THE TAKING OF A PROOF BY A SUBSCRIBING
WITNESS UNDER PARAGRAPH (A) OF THIS SUBDIVISION MAY BE COMBINED WITH THE
TAKING OF AN ACKNOWLEDGMENT FROM THE SIGNER, AND THE QUALIFIED ELECTRON-
IC NOTARY MAY SIGN A SINGLE NOTARIAL CERTIFICATE EVIDENCING BOTH NOTA-
RIAL ACTS.
A. 9232--A 7
3. IF A LAW, OTHER THAN SECTION 3-2.1 OF THE ESTATES, POWERS AND
TRUSTS LAW, REQUIRES MORE THAN ONE WITNESS OF THE SIGNING OF A RECORD,
AN ACKNOWLEDGEMENT OR VERIFICATION TAKEN BY THE NOTARY UNDER SUBDIVISION
TWO OF THIS SECTION WITH RESPECT TO THE SIGNING OF THE ELECTRONIC RECORD
MAY SATISFY BOTH ANY APPLICABLE REQUIREMENT FOR NOTARIZATION OF SUCH
RECORD AND THE REQUIREMENT FOR AN ATTESTATION BY A SECOND WITNESS.
4. A WITNESS'S ELECTRONIC SIGNATURE LOGICALLY ASSOCIATED WITH (A) THE
SIGNED ELECTRONIC RECORD OR (B) AN ELECTRONIC CERTIFICATE OF PROOF BY A
SUBSCRIBING WITNESS OR ELECTRONIC AFFIDAVIT OF WITNESSING OR ATTESTA-
TION, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, WHICH IS
LOGICALLY ASSOCIATED WITH THE SIGNED ELECTRONIC RECORD, CONSTITUTES A
SIGNATURE OF THE WITNESS ON A SIGNED ELECTRONIC RECORD.
5. COMPLIANCE WITH SUBDIVISIONS TWO, THREE AND FOUR OF THIS SECTION
SHALL SATISFY ANY REQUIREMENT THAT THE SIGNER AND WITNESS BE PRESENT
WITH EACH OTHER, OR THAT THE SIGNER OR WITNESS SIGN THE RECORD IN THE
PRESENCE OF EACH OTHER, FOR THE VALIDITY, RECORDATION, OR OTHER LEGAL
RECOGNITION OF THE SIGNED AND ATTESTED RECORD.
6. (A) PRIMA FACIE EVIDENCE OF BOTH THE AUTHENTICITY OF A TANGIBLE
REPRODUCTION OF AN ELECTRONICALLY NOTARIZED ELECTRONIC RECORD THAT WAS
ELECTRONICALLY SIGNED IN COMPLIANCE WITH SUBDIVISION ONE OF THIS
SECTION, AND OF THE SATISFACTION OF ANY OTHER REQUIREMENT OF THIS
SECTION, MAY BE PROVIDED BY A CERTIFICATE OF AUTHENTICITY AFFIXED TO
SUCH TANGIBLE REPRODUCTION SIGNED BY A QUALIFIED NOTARY CERTIFYING THAT
THE AFFIXED TANGIBLE RECORD IS A TRUE, ACCURATE, AND UNALTERED PRINTOUT
OF AN ELECTRONIC RECORD THAT WAS ELECTRONICALLY SIGNED AND ELECTRON-
ICALLY NOTARIZED IN COMPLIANCE WITH SUBDIVISION ONE, AND, IF APPLICABLE,
WITNESSED IN COMPLIANCE WITH SUBDIVISION TWO OF THIS SECTION. SUCH A
CERTIFIED TANGIBLE PRINTOUT OF AN ELECTRONICALLY SIGNED AND NOTARIZED
ELECTRONIC RECORD SHALL HAVE THE LEGAL EFFECT THAT SUCH RECORD WOULD
HAVE UNDER OTHER APPLICABLE LAW, INCLUDING SECTION TWO HUNDRED NINETY-
ONE-I OF THE REAL PROPERTY LAW, HAD IT BEEN IN THE FORMAT OF AN ORIGINAL
PAPER RECORD WITH A WET SIGNATURE THAT HAD BEEN AFFIXED IN THE PHYSICAL
PRESENCE OF THE NOTARY AND, IF APPLICABLE, ANY WITNESS. SUCH A CERTIF-
ICATE OF AUTHENTICITY, THE AFFIXED PRINTOUT, AND THE ELECTRONIC RECORD
TO WHICH IT RELATES, MAY NOT BE DENIED FILING, RECORDATION, REGISTRA-
TION, OR ADMISSIBILITY AS PRIMA FACIE EVIDENCE UNDER RULE FORTY-FIVE
HUNDRED THIRTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES OR SECTION ONE
HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, ON THE GROUND THAT A TANGI-
BLE RECORD OR PRINTOUT IS NOT ITSELF AN ELECTRONIC RECORD OR A DIGITIZED
PAPER DOCUMENT OR THAT IT LACKS A DIGITIZED IMAGE OF A WET SIGNATURE OR
THAT THE ELECTRONIC RECORD TO WHICH SUCH CERTIFICATE RELATES LACKS A
DIGITIZED IMAGE OF A WET SIGNATURE, OR SIMILAR GROUNDS THAT FRUSTRATE
THE RECOGNITION OF ELECTRONICALLY NOTARIZED RECORDS AS THE EQUIVALENT OF
MANUALLY NOTARIZED RECORDS.
(B) FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION (I) SHALL
CAUSE A REPRODUCTION OF AN ELECTRONIC WILL AFFIXED TO A CERTIFICATE OF
AUTHENTICITY TO BE A VALID WILL OR RENDER SUCH REPRODUCTION PRIMA FACIE
EVIDENCE THAT A WILL WAS EXECUTED BY THE PURPORTED TESTATOR ABSENT
COMPLIANCE WITH PART SIX OF ARTICLE THREE OF THE ESTATES, POWERS AND
TRUSTS LAW AND SECTION FOURTEEN HUNDRED SIX OF THE SURROGATE'S COURT
PROCEDURE ACT, (II) SHALL IMPAIR ANY POWER OF ANY RECORDING OFFICER TO
DECLINE TO RECORD OR REGISTER ANY RECORD CONVEYING REAL PROPERTY FOR
CAUSE APPLICABLE SPECIFICALLY TO SUCH RECORD UNDER A LAW INTENDED TO
PROTECT AGAINST DEED, OR OTHER FORMS OF FRAUD OR FORGERY, (III) SHALL
OBLIGATE A PERSON WHO IS NOT EXPRESSLY OBLIGATED BY OTHER APPLICABLE
LAW, OR WHO HAS NOT OTHERWISE AGREED TO DO SO, TO ACCEPT IN ELECTRONIC
A. 9232--A 8
FORMAT A RECORD THAT WAS ELECTRONICALLY NOTARIZED OR ATTESTED; (IV)
SHALL VALIDATE OR GIVE EFFECT TO A NOTARIZATION OR WITNESSING UNDER THIS
SECTION IF THE LAW REQUIRING SUCH NOTARIZATION OR WITNESSING EXPRESSLY
EXCLUDES APPLICATION OF THIS SECTION; OR (V) SHALL IMPAIR ANY RIGHT OF
AN INTERESTED OR AFFECTED PERSON TO CONTRADICT BY OTHER EVIDENCE THE
QUALIFICATIONS OF AN ELECTRONIC NOTARY OR WITNESS, ANY STATEMENT IN A
NOTARIAL CERTIFICATE, OR THE VALIDITY, PROPRIETY, OR EFFECT OF AN ELEC-
TRONIC NOTARIAL ACT OR WITNESSING UNDER THIS SECTION WHICH WOULD OTHER-
WISE BE AVAILABLE WITH RESPECT TO A NOTARIAL ACT OR ACT OF WITNESSING.
7. THE SECRETARY OF STATE MAY PROMULGATE RULES AND REGULATIONS
CONCERNING ELECTRONIC NOTARIES UNDER THE LAWS OF THIS STATE NECESSARY OR
USEFUL TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
8. THIS SECTION SHALL NOT IMPAIR THE VALIDITY OF ANY RECORD THAT WAS
VALID UNDER OTHER APPLICABLE LAW IMMEDIATELY PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION.
§ 9. The state technology law is amended by adding a new section 311
to read as follows:
§ 311. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES,
AND ELECTRONIC CONTRACTS. 1. A RECORD OR SIGNATURE MAY NOT BE DENIED
LEGAL EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC FORM.
2. A CONTRACT OR TRANSACTION MAY NOT BE DENIED LEGAL EFFECT OR
ENFORCEABILITY SOLELY BECAUSE AN ELECTRONIC RECORD WAS USED IN ITS
FORMATION OR PERFORMANCE.
3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF A LAW
REQUIRES A RECORD TO BE IN WRITING, AN ELECTRONIC RECORD SATISFIES SUCH
LAW.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF A LAW
REQUIRES A RECORD TO BE SIGNED, AN ELECTRONIC SIGNATURE SATISFIES SUCH
LAW.
§ 10. The state technology law is amended by adding a new section 312
to read as follows:
§ 312. PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS.
1. IF A TRANSACTION IS SUBJECT TO THIS ARTICLE, AND A LAW OTHER THAN
THIS ARTICLE REQUIRES A PERSON TO PROVIDE, SEND, OR DELIVER INFORMATION
IN WRITING TO ANOTHER PERSON, SUCH REQUIREMENT IS SATISFIED IF THE
INFORMATION IS PROVIDED, SENT, OR DELIVERED, AS THE CASE MAY BE, IN AN
ELECTRONIC RECORD CAPABLE OF RETENTION BY THE RECIPIENT AT THE TIME OF
RECEIPT.
2. AN ELECTRONIC RECORD IS NOT CAPABLE OF RETENTION BY THE RECIPIENT
IF THE SENDER OR ITS INFORMATION PROCESSING SYSTEM INHIBITS THE ABILITY
OF THE RECIPIENT TO PRINT OR STORE THE ELECTRONIC RECORD. IF A SENDER OR
ITS INFORMATION PROCESSING SYSTEM INHIBITS THE ABILITY OF A RECIPIENT TO
STORE OR PRINT AN ELECTRONIC RECORD, THE ELECTRONIC RECORD IS NOT
ENFORCEABLE AGAINST THE RECIPIENT.
3. THE REQUIREMENTS OF THIS SECTION MAY NOT BE VARIED BY AGREEMENT,
PROVIDED, HOWEVER:
(A) TO THE EXTENT A LAW OTHER THAN THIS ARTICLE REQUIRES INFORMATION
TO BE PROVIDED, SENT, OR DELIVERED IN WRITING BUT PERMITS SUCH REQUIRE-
MENT TO BE VARIED BY AGREEMENT, THE REQUIREMENT UNDER SUBDIVISION ONE OF
THIS SECTION THAT THE INFORMATION BE IN THE FORM OF AN ELECTRONIC RECORD
CAPABLE OF RETENTION MAY ALSO BE VARIED BY AGREEMENT; AND
(B) A REQUIREMENT UNDER A LAW OTHER THAN THIS ARTICLE TO SEND, COMMU-
NICATE, OR TRANSMIT A RECORD BY FIRST-CLASS MAIL, POSTAGE PREPAID OR BY
REGULAR UNITED STATES MAIL, MAY BE VARIED BY AGREEMENT TO THE EXTENT
PERMITTED BY SUCH OTHER LAW.
A. 9232--A 9
§ 11. The state technology law is amended by adding a new section 313
to read as follows:
§ 313. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC
SIGNATURE. 1. AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE IS ATTRIBUT-
ABLE TO A PERSON IF IT WAS THE ACT OF SUCH PERSON. THE ACT OF THE PERSON
MAY BE SHOWN IN ANY MANNER, INCLUDING A SHOWING OF THE EFFICACY OF ANY
SECURITY PROCEDURE APPLIED TO DETERMINE THE PERSON TO WHICH THE ELEC-
TRONIC RECORD OR ELECTRONIC SIGNATURE WAS ATTRIBUTABLE.
2. THE EFFECT OF AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE ATTRI-
BUTED TO A PERSON UNDER SUBDIVISION ONE OF THIS SECTION IS DETERMINED
FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES AT THE TIME OF ITS
CREATION, EXECUTION, OR ADOPTION, INCLUDING THE PARTIES' AGREEMENT, IF
ANY, AND OTHERWISE AS PROVIDED BY LAW.
§ 12. The state technology law is amended by adding a new section 314
to read as follows:
§ 314. EFFECT OF CHANGE OR ERROR. 1. WITH RESPECT TO A TRANSACTION
SUBJECT TO THIS ARTICLE, IF A CHANGE OR ERROR IN AN ELECTRONIC RECORD
OCCURS IN A TRANSMISSION BETWEEN PARTIES TO THE TRANSACTION, THE FOLLOW-
ING RULES APPLY:
(A) IF THE PARTIES HAVE AGREED TO USE A SECURITY PROCEDURE TO DETECT
CHANGES OR ERRORS, AND ONE PARTY HAS CONFORMED THE PROCEDURE, BUT THE
OTHER PARTY HAS NOT, AND THE NONCONFORMING PARTY WOULD HAVE DETECTED THE
CHANGE OR ERROR HAD SUCH PARTY ALSO CONFORMED, THE CONFORMING PARTY MAY
AVOID THE EFFECT OF THE CHANGED OR ERRONEOUS ELECTRONIC RECORD.
(B) IN AN AUTOMATED TRANSACTION INVOLVING AN INDIVIDUAL, THE INDIVID-
UAL MAY AVOID THE EFFECT OF AN ELECTRONIC RECORD THAT RESULTED FROM AN
ERROR MADE BY SUCH INDIVIDUAL IN DEALING WITH THE ELECTRONIC AGENT OF
ANOTHER PERSON IF THE ELECTRONIC AGENT DID NOT PROVIDE AN OPPORTUNITY
FOR THE PREVENTION OR CORRECTION OF THE ERROR AND, AT THE TIME THE INDI-
VIDUAL LEARNS OF THE ERROR, SUCH INDIVIDUAL:
(I) PROMPTLY NOTIFIES THE OTHER PERSON OF THE ERROR AND THAT THE INDI-
VIDUAL DID NOT INTEND TO BE BOUND BY THE ELECTRONIC RECORD RECEIVED BY
THE OTHER PERSON;
(II) TAKES REASONABLE STEPS, INCLUDING STEPS THAT CONFORM TO THE OTHER
PERSON'S REASONABLE INSTRUCTIONS, TO RETURN TO THE OTHER PERSON OR, IF
INSTRUCTED BY THE OTHER PERSON, TO DESTROY THE CONSIDERATION RECEIVED,
IF ANY, AS A RESULT OF THE ERRONEOUS ELECTRONIC RECORD; AND
(III) HAS NOT USED OR RECEIVED ANY BENEFIT OR VALUE FROM THE CONSIDER-
ATION, IF ANY, RECEIVED FROM THE OTHER PERSON.
(C) IF NEITHER PARAGRAPH (A) NOR PARAGRAPH (B) OF THIS SUBDIVISION
APPLIES, THE CHANGE OR ERROR HAS THE EFFECT PROVIDED BY OTHER LAW,
INCLUDING THE LAW OF MISTAKE, AND THE PARTIES' CONTRACT, IF ANY.
2. PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION MAY NOT
BE VARIED BY AGREEMENT.
§ 13. The state technology law is amended by adding a new section 315
to read as follows:
§ 315. RETENTION OF ELECTRONIC RECORDS; ORIGINALS. 1. IF A LAW
REQUIRES THAT A RECORD BE RETAINED, SUCH REQUIREMENT IS SATISFIED BY
RETAINING AN ELECTRONIC RECORD OF THE INFORMATION CONTAINED IN THE
RECORD WHICH:
(A) ACCURATELY REFLECTS THE INFORMATION SET FORTH IN THE RECORD AFTER
IT WAS FIRST GENERATED IN ITS FINAL FORM AS AN ELECTRONIC RECORD OR
OTHERWISE; AND
(B) REMAINS ACCESSIBLE FOR LATER REFERENCE.
A. 9232--A 10
2. A REQUIREMENT TO RETAIN A RECORD IN ACCORDANCE WITH SUBDIVISION ONE
OF THIS SECTION SHALL NOT APPLY TO ANY INFORMATION THE SOLE PURPOSE OF
WHICH IS TO ENABLE THE RECORD TO BE SENT, COMMUNICATED, OR RECEIVED.
3. A PERSON MAY SATISFY THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION BY USING THE SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF
SUCH SUBDIVISION ARE MET.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF A LAW
REQUIRES A RECORD TO BE PRESENTED OR RETAINED IN ITS ORIGINAL FORM, OR
PROVIDES CONSEQUENCES IF THE RECORD IS NOT PRESENTED OR RETAINED IN ITS
ORIGINAL FORM, SUCH LAW IS SATISFIED BY AN ELECTRONIC RECORD RETAINED IN
ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION.
5. IF A LAW REQUIRES RETENTION OF A CHECK, SUCH REQUIREMENT IS SATIS-
FIED BY RETENTION OF AN ELECTRONIC RECORD OF THE INFORMATION ON THE
FRONT AND BACK OF THE CHECK IN ACCORDANCE WITH SUBDIVISION ONE OF THIS
SECTION.
6. A RECORD RETAINED AS AN ELECTRONIC RECORD IN ACCORDANCE WITH SUBDI-
VISION ONE OF THIS SECTION SATISFIES A LAW REQUIRING A PERSON TO RETAIN
A RECORD FOR EVIDENTIARY, AUDIT, OR LIKE PURPOSES, UNLESS SUCH LAW
ENACTED AFTER THE EFFECTIVE DATE OF THIS SECTION SPECIFICALLY PROHIBITS
THE USE OF AN ELECTRONIC RECORD FOR THE SPECIFIED PURPOSE.
7. THIS SECTION DOES NOT PRECLUDE A GOVERNMENT ENTITY OF THIS STATE
FROM SPECIFYING ADDITIONAL REQUIREMENTS FOR THE RETENTION OF A RECORD
SUBJECT TO SUCH ENTITY'S JURISDICTION.
§ 14. The state technology law is amended by adding a new section 316
to read as follows:
§ 316. AUTOMATED TRANSACTION. IN AN AUTOMATED TRANSACTION, THE FOLLOW-
ING RULES APPLY:
1. A CONTRACT MAY BE FORMED BY THE INTERACTION OF ELECTRONIC AGENTS OF
THE PARTIES, EVEN IF NO INDIVIDUAL WAS AWARE OF OR REVIEWED THE ELEC-
TRONIC AGENTS' ACTIONS OR THE RESULTING TERMS AND AGREEMENTS.
2. A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN ELECTRONIC AGENT
AND AN INDIVIDUAL, ACTING ON THE INDIVIDUAL'S OWN BEHALF OR FOR ANOTHER
PERSON, INCLUDING BY AN INTERACTION IN WHICH THE INDIVIDUAL PERFORMS
ACTIONS THAT THE INDIVIDUAL IS FREE TO REFUSE TO PERFORM AND WHICH THE
INDIVIDUAL KNOWS OR HAS REASON TO KNOW WILL CAUSE THE ELECTRONIC AGENT
TO COMPLETE THE TRANSACTION OR PERFORMANCE.
3. THE TERMS OF THE CONTRACT ARE DETERMINED BY THE SUBSTANTIVE LAW
APPLICABLE TO IT.
§ 15. The state technology law is amended by adding a new section 317
to read as follows:
§ 317. TIME AND PLACE OF SENDING AND RECEIPT. 1. UNLESS OTHERWISE
AGREED BETWEEN THE SENDER AND THE RECIPIENT, AN ELECTRONIC RECORD IS
SENT WHEN SUCH RECORD:
(A) IS ADDRESSED PROPERLY OR OTHERWISE DIRECTED PROPERLY TO AN INFOR-
MATION PROCESSING SYSTEM THAT THE RECIPIENT HAS DESIGNATED OR USES FOR
THE PURPOSE OF RECEIVING ELECTRONIC RECORDS OR INFORMATION OF THE TYPE
SENT AND FROM WHICH THE RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC
RECORD;
(B) IS IN A FORM CAPABLE OF BEING PROCESSED BY SUCH SYSTEM; AND
(C) ENTERS AN INFORMATION PROCESSING SYSTEM OUTSIDE THE CONTROL OF THE
SENDER OR OF A PERSON THAT SENT THE ELECTRONIC RECORD ON BEHALF OF THE
SENDER OR ENTERS A REGION OF THE INFORMATION PROCESSING SYSTEM DESIG-
NATED OR USED BY THE RECIPIENT WHICH IS UNDER THE CONTROL OF THE RECIPI-
ENT.
2. UNLESS OTHERWISE AGREED BETWEEN A SENDER AND THE RECIPIENT, AN
ELECTRONIC RECORD IS RECEIVED WHEN:
A. 9232--A 11
(A) SUCH RECORD ENTERS AN INFORMATION PROCESSING SYSTEM THAT THE
RECIPIENT HAS DESIGNATED OR USES FOR THE PURPOSE OF RECEIVING ELECTRONIC
RECORDS OR INFORMATION OF THE TYPE SENT AND FROM WHICH THE RECIPIENT IS
ABLE TO RETRIEVE THE ELECTRONIC RECORD; AND
(B) SUCH RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY SUCH
SYSTEM.
3. SUBDIVISION TWO OF THIS SECTION APPLIES EVEN IF THE PLACE THE
INFORMATION PROCESSING SYSTEM IS LOCATED IS DIFFERENT FROM THE PLACE THE
ELECTRONIC RECORD IS DEEMED TO BE RECEIVED PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION.
4. UNLESS OTHERWISE EXPRESSLY PROVIDED IN THE ELECTRONIC RECORD OR
AGREED BETWEEN THE SENDER AND THE RECIPIENT, AN ELECTRONIC RECORD IS
DEEMED TO BE SENT FROM THE SENDER'S PLACE OF BUSINESS AND TO BE RECEIVED
AT THE RECIPIENT'S PLACE OF BUSINESS. FOR PURPOSES OF THIS SUBDIVISION,
THE FOLLOWING RULES APPLY:
(A) IF THE SENDER OR RECIPIENT HAS MORE THAN ONE PLACE OF BUSINESS,
THE PLACE OF BUSINESS OF THAT PERSON IS THE PLACE HAVING THE CLOSEST
RELATIONSHIP TO THE UNDERLYING TRANSACTION.
(B) IF THE SENDER OR THE RECIPIENT DOES NOT HAVE A PLACE OF BUSINESS,
THE PLACE OF BUSINESS IS THE SENDER'S OR RECIPIENT'S RESIDENCE.
5. AN ELECTRONIC RECORD IS RECEIVED UNDER SUBDIVISION TWO OF THIS
SECTION EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
6. RECEIPT OF AN ELECTRONIC ACKNOWLEDGMENT FROM AN INFORMATION PROC-
ESSING SYSTEM DESCRIBED IN SUBDIVISION TWO OF THIS SECTION ESTABLISHES
THAT A RECORD WAS RECEIVED BUT, BY ITSELF, DOES NOT ESTABLISH THAT THE
CONTENT SENT CORRESPONDS TO THE CONTENT RECEIVED.
7. IF A PERSON IS AWARE THAT AN ELECTRONIC RECORD PURPORTEDLY SENT
UNDER SUBDIVISION ONE OF THIS SECTION, OR PURPORTEDLY RECEIVED UNDER
SUBDIVISION TWO OF THIS SECTION, WAS NOT ACTUALLY SENT OR RECEIVED, THE
LEGAL EFFECT OF THE SENDING OR RECEIPT IS DETERMINED BY OTHER APPLICABLE
LAW. EXCEPT TO THE EXTENT PERMITTED BY THE OTHER LAW, THE REQUIREMENTS
OF THIS SUBDIVISION MAY NOT BE VARIED BY AGREEMENT.
§ 16. The state technology law is amended by adding a new section 318
to read as follows:
§ 318. TRANSFERABLE RECORDS. 1. AS USED IN THIS SECTION, "TRANSFERABLE
RECORD" MEANS AN ELECTRONIC RECORD THAT:
(A) WOULD BE A NOTE UNDER ARTICLE THREE OF THE UNIFORM COMMERCIAL CODE
IF SUCH ELECTRONIC RECORD WERE IN WRITING; AND
(B) THE ISSUER OF THE ELECTRONIC RECORD EXPRESSLY HAS AGREED IT IS A
TRANSFERABLE RECORD.
2. A PERSON HAS CONTROL OF A TRANSFERABLE RECORD IF A SYSTEM EMPLOYED
FOR EVIDENCING THE TRANSFER OF INTERESTS IN THE TRANSFERABLE RECORD
RELIABLY ESTABLISHES THAT PERSON AS THE PERSON TO WHICH THE TRANSFERABLE
RECORD WAS ISSUED OR TRANSFERRED.
3. A SYSTEM SATISFIES SUBDIVISION TWO OF THIS SECTION, AND A PERSON IS
DEEMED TO HAVE CONTROL OF A TRANSFERABLE RECORD, IF THE TRANSFERABLE
RECORD IS CREATED, STORED, AND ASSIGNED IN SUCH A MANNER THAT:
(A) A SINGLE AUTHORITATIVE COPY OF THE TRANSFERABLE RECORD EXISTS
WHICH IS UNIQUE, IDENTIFIABLE, AND, EXCEPT AS OTHERWISE PROVIDED IN
PARAGRAPHS (D), (E); AND (F) OF THIS SUBDIVISION, UNALTERABLE;
(B) THE AUTHORITATIVE COPY IDENTIFIES THE PERSON ASSERTING CONTROL AS:
(I) THE PERSON TO WHICH THE TRANSFERABLE RECORD WAS ISSUED; OR
(II) IF THE AUTHORITATIVE COPY INDICATES THAT THE TRANSFERABLE RECORD
HAS BEEN TRANSFERRED, THE PERSON TO WHICH THE TRANSFERABLE RECORD WAS
MOST RECENTLY TRANSFERRED;
A. 9232--A 12
(C) THE AUTHORITATIVE COPY IS COMMUNICATED TO AND MAINTAINED BY THE
PERSON ASSERTING CONTROL OR ITS DESIGNATED CUSTODIAN;
(D) COPIES OR REVISIONS THAT ADD OR CHANGE AN IDENTIFIED ASSIGNEE OF
THE AUTHORITATIVE COPY CAN BE MADE ONLY WITH THE CONSENT OF THE PERSON
ASSERTING CONTROL;
(E) EACH COPY OF THE AUTHORITATIVE COPY AND ANY COPY OF A COPY IS
READILY IDENTIFIABLE AS A COPY THAT IS NOT THE AUTHORITATIVE COPY; AND
(F) ANY REVISION OF THE AUTHORITATIVE COPY IS READILY IDENTIFIABLE AS
AUTHORIZED OR UNAUTHORIZED.
4. EXCEPT AS OTHERWISE AGREED, A PERSON HAVING CONTROL OF A TRANSFERA-
BLE RECORD IS THE HOLDER, AS DEFINED IN PARAGRAPH TWENTY-ONE OF
SUBSECTION (B) OF SECTION 1-201 OF THE UNIFORM COMMERCIAL CODE, OF THE
TRANSFERABLE RECORD AND HAS THE SAME RIGHTS AND DEFENSES AS A HOLDER OF
AN EQUIVALENT RECORD OR WRITING UNDER THE UNIFORM COMMERCIAL CODE,
INCLUDING, IF THE APPLICABLE STATUTORY REQUIREMENTS UNDER SUBSECTION ONE
OF SECTION 3-302 OR SECTION 9-330 OF THE UNIFORM COMMERCIAL CODE ARE
SATISFIED, THE RIGHTS AND DEFENSES OF A HOLDER IN DUE COURSE OR A
PURCHASER, RESPECTIVELY. DELIVERY, POSSESSION, AND INDORSEMENT ARE NOT
REQUIRED TO OBTAIN OR EXERCISE ANY OF THE RIGHTS UNDER THIS SUBDIVISION.
5. EXCEPT AS OTHERWISE AGREED, AN OBLIGOR UNDER A TRANSFERABLE RECORD
HAS THE SAME RIGHTS AND DEFENSES AS AN EQUIVALENT OBLIGOR UNDER EQUIV-
ALENT RECORDS OR WRITINGS UNDER THE UNIFORM COMMERCIAL CODE.
6. IF REQUESTED BY A PERSON AGAINST WHICH ENFORCEMENT IS SOUGHT, THE
PERSON SEEKING TO ENFORCE THE TRANSFERABLE RECORD SHALL PROVIDE REASON-
ABLE PROOF THAT THE PERSON IS IN CONTROL OF THE TRANSFERABLE RECORD.
PROOF MAY INCLUDE ACCESS TO THE AUTHORITATIVE COPY OF THE TRANSFERABLE
RECORD AND RELATED BUSINESS RECORDS SUFFICIENT TO REVIEW THE TERMS OF
THE TRANSFERABLE RECORD AND TO ESTABLISH THE IDENTITY OF THE PERSON
HAVING CONTROL OF THE TRANSFERABLE RECORD.
§ 17. The state technology law is amended by adding a new section 319
to read as follows:
§ 319. SEVERABILITY CLAUSE. IF ANY PROVISION OF THIS ARTICLE OR ITS
APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDI-
TY 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.
§ 18. The state technology law is amended by adding a new section 320
to read as follows:
§ 320. CONSTRUCTION AND APPLICATION. 1. THIS ARTICLE SHALL BE
CONSTRUED AND APPLIED:
(A) TO FACILITATE ELECTRONIC TRANSACTIONS CONSISTENT WITH OTHER APPLI-
CABLE LAW;
(B) TO BE CONSISTENT WITH REASONABLE PRACTICES CONCERNING ELECTRONIC
TRANSACTIONS AND WITH THE CONTINUED EXPANSION OF THOSE PRACTICES; AND
(C) TO EFFECTUATE ITS GENERAL PURPOSE TO MAKE NEW YORK LAW UNIFORM
WITH THE LAW GOVERNING ELECTRONIC RECORDS AND SIGNATURES IN THE JURIS-
DICTIONS THAT HAVE ENACTED THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
2. ANY REFERENCE TO THE NEW YORK ELECTRONIC SIGNATURES AND RECORDS ACT
OR ARTICLE THREE OF THE STATE TECHNOLOGY LAW IN ANY CONTRACT GOVERNED BY
NEW YORK LAW, OR IN ANY LAW, RULE OR REGULATION ADOPTED BY THE STATE OF
NEW YORK OR A GOVERNMENT ENTITY ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION, SHALL MEAN THE ELECTRONIC SIGNATURES AND RECORDS ACT, AS
AMENDED BY THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX THAT ADDED
THIS SECTION AND ANY AMENDMENTS TO THIS ARTICLE AFTER SUCH DATE.
A. 9232--A 13
3. NOTHING IN THIS ARTICLE SHALL IMPAIR THE VALIDITY OR ENFORCEABILITY
OF ANY SIGNATURE OR RECORD CREATED PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX THAT ADDED THIS SECTION.
§ 19. The state technology law is amended by adding a new section 321
to read as follows:
§ 321. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
COMMERCE ACT. THIS ARTICLE MODIFIES, LIMITS, AND SUPERSEDES THE FEDERAL
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C.
SECTION 7001 ET SEQ., EXCEPT THAT NOTHING IN THIS ARTICLE MODIFIES,
LIMITS, OR SUPERSEDES SECTION 7001(C) OF SUCH ACT OR AUTHORIZES ELEC-
TRONIC DELIVERY OF ANY OF THE NOTICES DESCRIBED IN SECTION 7003(B) OF
SUCH ACT.
§ 20. Subsection (d) of section 7-103 of the uniform commercial code
is REPEALED.
§ 21. Paragraph 3 of subsection (a) of section 12-102 of the uniform
commercial code, as added by chapter 579 of the laws of 2025, is amended
to read as follows:
(3) "Transferable record" [means an electronic record that either] HAS
THE MEANING PROVIDED FOR SUCH TERM, AS APPLICABLE, IN:
(A) [is a "transferable record" under] Section 201(a)(1) of the Elec-
tronic Signatures in Global and National Commerce Act, 15 U.S.C. Section
7021(a)(1), as amended; or,
(B) [is governed by the law of any State that has enacted or adopted
the Uniform Electronic Transactions Act substantially as approved and
recommended for enactment in all the States by the National Conference
of Commissioners on Uniform State Laws in 1999 and is a "transferable
record" under Section 16(a) of that Act] SUBDIVISION ONE OF SECTION
THREE HUNDRED EIGHTEEN OF THE STATE TECHNOLOGY LAW.
§ 22. Subsection (c) of section 12-103 of the uniform commercial code
is REPEALED.
§ 23. Subdivision 7 of section 290 of the real property law, as added
by chapter 549 of the laws of 2011, is amended to read as follows:
7. "Electronic record" means information evidencing any act, trans-
action, occurrence, event or other activity, produced or stored by elec-
tronic means and capable of being accurately reproduced in forms percep-
tible by human sensory capabilities, AND INCLUDES A TANGIBLE PRINTOUT OF
AN ELECTRONICALLY SIGNED AND ELECTRONICALLY NOTARIZED ELECTRONIC RECORD
CERTIFIED AS AUTHENTIC BY AN AUTHORIZED NOTARY PUBLIC IN COMPLIANCE WITH
SECTION TWO HUNDRED NINETY-ONE-I OF THIS ARTICLE.
§ 24. Subdivision 1 of section 291-i of the real property law is
amended by adding a new paragraph (e) to read as follows:
(E)(I) WHERE A LAW, RULE OR REGULATION REQUIRES, AS A CONDITION FOR
RECORDING THAT A SIGNED DOCUMENT BE AN ORIGINAL DOCUMENT, IN WRITING OR
ANOTHER TANGIBLE MEDIUM, OR HAVE A WET SIGNATURE, THAT REQUIREMENT IS
SATISFIED WITH RESPECT TO AN ELECTRONIC SIGNATURE ON AN ELECTRONIC
RECORD BY A TANGIBLE PRINTOUT OF AN ELECTRONICALLY SIGNED ELECTRONIC
RECORD THAT COMPLIES WITH THE REQUIREMENTS OF THIS SUBDIVISION, AND A
COUNTY CLERK, CITY REGISTRAR, OR OTHER RECORDING OFFICER WHERE APPLICA-
BLE, SHALL ACCEPT FOR RECORDING SUCH A TANGIBLE PRINTOUT THAT IS OTHER-
WISE ELIGIBLE TO BE RECORDED UNDER THE LAWS OF THIS STATE WHERE:
(1) THE ELECTRONIC SIGNATURE ON SUCH ELECTRONIC RECORD HAS BEEN NOTA-
RIZED, AND WITNESSED IF APPLICABLE, IN COMPLIANCE WITH SECTION THREE
HUNDRED TEN OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
(2) IN THE CASE OF THE NOTARIZATION OF AN ELECTRONICALLY SIGNED ELEC-
TRONIC RECORD, A TANGIBLE PRINTOUT OF THE ELECTRONICALLY NOTARIZED ELEC-
A. 9232--A 14
TRONICALLY SIGNED ELECTRONIC RECORD HAS BEEN CERTIFIED AS AUTHENTIC BY A
NOTARY PUBLIC AUTHORIZED TO PERFORM SUCH ELECTRONIC NOTARIAL ACT.
(II) A SIGNED CERTIFICATION OF AUTHENTICITY IN SUBSTANTIALLY THE FORM
SET FORTH IN SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-FIVE-C OF THE
EXECUTIVE LAW IS SUFFICIENT FOR THE PURPOSES OF THIS SUBDIVISION.
§ 25. Paragraph (m) of subdivision 2 of section 5-1501 of the general
obligations law, as amended by chapter 340 of the laws of 2010, is
amended to read as follows:
(m) "Sign" means to place any memorandum, mark or sign, written,
printed, stamped, photographed, engraved or otherwise upon an instrument
or writing, or to use an electronic signature as that term is defined in
subdivision three of section three hundred two of the state technology
law, with the intent to execute the instrument, writing or electronic
record. [In accordance with the requirements of section three hundred
seven of the state technology law, a power of attorney or any other
instrument executed by the principal or agent that is recordable under
the real property law shall not be executed with an electronic signa-
ture.]
§ 26. Subparagraphs 9 and 10 of paragraph (a) of subdivision 2 of
section 5-1504 of the general obligations law, as amended by chapter 323
of the laws of 2020, are amended and a new subparagraph 11 is added to
read as follows:
(9) the refusal by a title insurance company to underwrite title
insurance for a gift of real property made pursuant to a statutory short
form power of attorney or non-statutory power of attorney that does not
contain express instructions or purposes of the principal with respect
to gifts in the modifications section of the statutory short form power
of attorney or in the non-statutory power of attorney; [or]
(10) the refusal of a request for a certification or an opinion of
counsel under paragraph (d) of subdivision one of this section[.]; OR
(11) THE REFUSAL OF A REQUEST FOR A NOTARIAL CERTIFICATE OF AUTHENTIC-
ITY OF A PRINTOUT UNDER PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED NINETY-ONE-I OF THE REAL PROPERTY LAW WITH RESPECT TO AN ELEC-
TRONICALLY SIGNED POWER OF ATTORNEY IN ELECTRONIC FORMAT.
§ 27. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that if chapter 637 of the laws of
2025 shall not have taken effect on or before such date then section
five-a of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2025, takes effect.