Are electronic signatures legal in New York?
Yes. Under New York's Electronic Signatures and Records Act (ESRA), an electronic signature has the same validity and effect as a signature affixed by hand, unless another law says otherwise.
Updated October 13, 2026 · 3 min read
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New York: at a glance
NY- E-signature law
- Electronic Signatures and Records Act (ESRA)
- Citation
- N.Y. State Tech. Law §§ 301–309
- In effect since
- 2000
- Based on UETA
- No, the state has its own act
- Remote notarization
- AllowedN.Y. Exec. Law § 135-c
- Doesn't cover
- Wills, trusts, do-not-resuscitate consents, powers of attorney and other documents that take effect on death or incompetence or appoint a fiduciary, with listed carve-backs (§ 307(1))
- Negotiable instruments and documents of title, unless held as a single unique, unalterable electronic version (§ 307(2))
- Documents the electronic facilitator excepts by regulation (§ 307(3))
New York is the UETA holdout
The Uniform Law Commission's enactment list shows New York as the only state that hasn't adopted the Uniform Electronic Transactions Act. New York wrote its own law instead, so the section numbers and exclusions below don't match other states'.
What ESRA says
ESRA was signed on September 28, 1999 (Chapter 4 of the Laws of 1999), and its substantive provisions took effect on March 26, 2000. It now sits in Article 3 of the State Technology Law, §§ 301–309. The key rules are short:
- Unless a law specifically provides otherwise, a person may use an electronic signature in place of a handwritten one, with the same validity and effect (§ 304(2)).
- An electronic record has the same force and effect as a record not produced electronically (§ 305(3)).
- In civil cases, electronic records and signatures can be admitted into evidence under CPLR article 45, including CPLR 4539 (§ 306).
- Nobody has to use electronic records or signatures unless another law requires it (§ 309).
"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.
That wording matches the federal definition on purpose. A 2002 amendment (Chapter 314 of the Laws of 2002) replaced ESRA's original definition with the ESIGN Act's language so the two laws would work together. The state's Office of Information Technology Services is the "electronic facilitator" that writes ESRA's regulations (§ 303).
How ESRA and the federal ESIGN Act fit together
The federal ESIGN Act covers transactions in or affecting interstate or foreign commerce (15 U.S.C. § 7001). A state law can modify or supersede ESIGN only if it's an enactment of UETA, or if it meets the conditions ESIGN sets for alternative state rules, such as being consistent with ESIGN and technology neutral (15 U.S.C. § 7002). New York didn't adopt UETA, so ESRA displaces ESIGN only to the extent it meets those conditions. The safe course is to satisfy both laws, including ESIGN's consumer consent steps when a law requires a consumer notice in writing (§ 7001(c)). Our e-signature law guide explains ESIGN in plain English.
What ESRA doesn't cover
- Documents that take effect on death or incompetence, or appoint a fiduciary: wills, trusts, consents to do-not-resuscitate orders and powers of attorney (§ 307(1)). Contractual beneficiary designations, anatomical gift registrations, funeral, cemetery and cremation forms, and certain total-loss vehicle title paperwork are carved back in.
- Negotiable instruments and documents of title, unless the electronic version exists as one unique, identifiable and unalterable copy (§ 307(2)).
- Any other document the electronic facilitator excepts by regulation (§ 307(3)).
One change is already written into § 307: starting December 12, 2027, the wills exception won't apply to a will executed under the electronic-will rules in the Estates, Powers and Trusts Law (article 3, part 6).
Electronic notarization
Executive Law § 135-c lets a registered electronic notary, physically in New York, perform notarial acts over live audio-video technology that meets the Secretary of State's standards. See remote online notarization. SignMaster doesn't notarize documents.
Practical notes for New York businesses
Get the other side's agreement to sign electronically, since ESRA makes e-signatures optional (§ 309). Check whether a specific statute demands a handwritten signature, because § 304 yields to one. And keep evidence of intent and identity: who signed, when and how.
For the who, when and how, SignMaster keeps a record. Each signer agrees to sign electronically before signing, and that consent is logged with the disclosure version they saw. Signers can download the finished PDF, whose certificate of completion timestamps every event.
Questions? Answers.
Does New York follow UETA?
No. New York relies on its Electronic Signatures and Records Act (State Technology Law §§ 301–309) and the federal ESIGN Act instead.
Can I sign a lease electronically in New York?
Generally, yes. ESRA's exceptions don't list leases, and § 304 gives an electronic signature the same effect as a handwritten one unless a law specifically provides otherwise. Lease notices can carry their own rules, so check those separately.
Can a power of attorney be signed electronically in New York?
Not under ESRA. Powers of attorney fall in the § 307(1) exception, apart from the narrow vehicle total-loss title case it lists. Talk to a New York attorney.
Can a New York will be signed electronically?
Not under ESRA today. From December 12, 2027, § 307's wills exception no longer covers wills executed under the Estates, Powers and Trusts Law's electronic-will rules (article 3, part 6). Until then, wills need the traditional formalities.
Sources
- N.Y. State Technology Law art. 3, Electronic Signatures and Records Act (§§ 301–309) · nysenate.gov
- N.Y. State Technology Law § 307, Exceptions · nysenate.gov
- N.Y. Executive Law § 135-c, Electronic notarization · nysenate.gov
- N.Y. DFS Circular Letter No. 33 (1999), ESRA enactment and effective date · dfs.ny.gov
- N.Y. DFS Supplement No. 1 to Circular Letter No. 33, Chapter 314 of the Laws of 2002 · dfs.ny.gov
- Uniform Law Commission, Electronic Transactions Act (enactment history) · uniformlaws.org
- 15 U.S.C. § 7001, ESIGN Act general rule of validity (govinfo) · govinfo.gov
- 15 U.S.C. § 7002, state laws that adopt UETA (govinfo) · govinfo.gov
General information, not legal advice. Laws change, and how they apply depends on your situation. For advice about a specific document, talk to a lawyer licensed in your state.