Is an electronic signature on this document as good as ink in New York?
Yes, with statutory exceptions. Under the Electronic Signatures and Records Act, State Technology Law § 304(2), unless specifically provided otherwise by law an electronic signature may be used by a person in lieu of a signature affixed by hand, and its use has the same validity and effect as a signature affixed by hand. The article defines an 'electronic signature' as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record (§ 302(3)), so the intent to sign is part of the definition. Equivalence is not compulsion: § 309, headed 'Use of electronic records and signatures to be voluntary', provides that nothing in the article requires any entity or person to use an electronic record or an electronic signature unless otherwise provided by law, so a counterparty who will not sign electronically cannot be made to. Section 307 opens 'This article shall not apply:' and then removes whole classes of documents: documents providing for the disposition of an individual's person or property on 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 resuscitate and powers of attorney (with narrow exceptions for contractual beneficiary designations, anatomical-gift registrations, funeral and cemetery authorizations, and a salvage-title power of attorney), and negotiable instruments and other instruments of title where possession confers title, unless the electronic version exists in a single unique, identifiable and unalterable copy. Records travel with signatures: "An electronic record shall have the same force and effect as those records not produced by electronic means" (§ 305(3)), and an electronic record or signature may be admitted into evidence under CPLR article 45, including CPLR 4539 (§ 306). Section 307(1) is held in two versions: the text quoted here governs until December 12, 2027, and from that date the same paragraph excepts a will "executed pursuant to part six of article three of the estates, powers and trusts law".
The trap
New York's carve-outs are document-type carve-outs, not consumer carve-outs, and they hit the deal documents people actually sign electronically: a power of attorney executed as part of a financing is excluded (unless it is the salvage-title power of attorney § 307 excepts), and a transferable instrument of title is outside the article unless the single-authoritative-copy condition is met. Section 307(3) also excludes any other document the electronic facilitator (the office of information technology services, § 303(1)) has specifically excepted by rule, so the statute alone does not give the full list; and subdivision 1's own list of excluded instruments is given 'without limitation', so even the enumerated classes do not close it. Section 304(1) forbids the electronic facilitator's rules from apportioning fault or imposing or limiting liability relating to the use of electronic signatures; the article's text read here does not itself allocate that risk.
12 authorities
- statuteN.Y. STT Law § 304enactment date not established
The words that state the rule
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 shall have the same validity and effect as the use of a signature affixed by hand.
- statuteN.Y. STT Law § 307enactment date not established
The words that state the rule
§ 307. Exceptions. This article shall not apply: * 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, trusts, decisions consenting to orders not to resuscitate, and powers of attorney, with the exception of: (a) contractual beneficiary designations; (b) the registration of making, amending, or revoking an anatomical gift under section forty-three hundred ten of the public health law; (c) documents and forms authorizing or accepting funeral, cemetery and cremation services; 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 determined by an insurer to be a total loss or constructive total loss under section three thousand four hundred twelve of the insurance law. * NB Effective until December 12, 2027
- statuteN.Y. STT Law § 307enactment date not established
The words that state the rule
2. To any negotiable instruments and other instruments of title wherein 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.
- statuteN.Y. STT Law § 304enactment date not established
The words that state the rule
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.
- statuteN.Y. STT Law § 305enactment date not established
The words that state the rule
3. An electronic record shall have the same force and effect as those records not produced by electronic means.
- statuteN.Y. STT Law § 306enactment date not established
The words that state the rule
In any legal proceeding where the provisions of the civil practice law and rules are applicable, an electronic record or electronic signature may be admitted into evidence pursuant to 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.
- statuteN.Y. STT Law § 307enactment date not established
The words that state the rule
3. To any other document that the electronic facilitator has specifically excepted, pursuant to the rules and regulations of the electronic facilitator, from the application of this article.
- statuteN.Y. STT Law § 307enactment date not established
The words that state the rule
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 consenting to orders not to resuscitate, and powers of attorney, with the exception of: (a) contractual beneficiary designations; (b) the registration of making, amending, or revoking an anatomical gift under section forty-three hundred ten of the public health law; (c) documents and forms authorizing or accepting funeral, cemetery and cremation services; 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 determined by an insurer to be a total loss or constructive total loss under section three thousand four hundred twelve of the insurance law. * NB Effective December 12, 2027
- statuteN.Y. STT Law § 309enactment date not established
The words that state the rule
§ 309. Use of electronic records and signatures to be voluntary. Nothing in this article shall require any entity or person to use an electronic record or an electronic signature unless otherwise provided by law.
- statuteN.Y. STT Law § 302enactment date not established
The words that state the rule
2. "Electronic record" shall mean information, evidencing any act, transaction, occurrence, event, or other activity, produced or stored by electronic means and capable of being accurately reproduced in forms perceptible by human sensory capabilities. 3. "Electronic signature" shall mean an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record.
- statuteN.Y. STT Law § 303enactment date not established
The words that state the rule
§ 303. Electronic facilitator. 1. The office of information technology services shall be the electronic facilitator and administer this article. In addition to the authority, duties and responsibilities set forth in article one of this chapter, the electronic facilitator shall have the authority, duties and responsibilities granted in this article.
- statuteN.Y. STT Law § 301enactment date not established
The words that state the rule
§ 301. Short title. This article shall be known and may be cited as the "electronic signatures and records act".
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.