Are Electronic Signatures Valid in New York?
Yes. New York never adopted the UETA like the other states, but its own law, the Electronic Signatures and Records Act (ESRA), says an electronic signature has “the same validity and effect” as a signature by hand. The federal ESIGN Act applies too. What you need to know are the exceptions in § 307 and the rules for online notarization.
In 30 seconds
- New York did not adopt the UETA: its ESRA gives an electronic signature “the same validity and effect” as a signature by hand (§ 304).
- Left out: wills, trusts and powers of attorney that dispose of property at death, and negotiable instruments (§ 307), plus the federal exclusions.
- Remote electronic notarization has been allowed since January 31, 2023, with the recording kept for ten years.
Which law applies in New York
The ESRA lives in the State Technology Law, Article 3 (§§ 301-309). Section 302 defines an electronic signature the same way federal law does: “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.” Section 304(2) sets the validity rule. On top of that, the federal ESIGN Act applies in New York to any transaction in interstate commerce, which includes an out-of-state or foreign company contracting with a New Yorker. In January 2026 the New York City Bar recommended amending the ESRA to incorporate key UETA provisions; until the Legislature acts, the ESRA remains in force.
“The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand.”
New York State Technology Law § 304(2) · Official source
Official figures
of the State Technology Law: an electronic signature has the same validity and effect as a signature by hand.
the date remote electronic notarization took effect in New York (Executive Law § 135-c).
that the recording of each electronic notarization must be kept.
Which documents you can sign electronically
Almost every private document: business-to-business contracts, proposals and quotes, offer letters and employment agreements, NDAs, leases, school permission forms, informed consent forms, registration forms and receipts. For all of them, New York law says an electronic signature satisfies any legal requirement for a signature.
What is left out in New York
Section 307 of the ESRA says the article “shall not apply” to: (1) wills, trusts, do-not-resuscitate orders and powers of attorney that dispose of a person or their property at death or incapacity, with a few exceptions (beneficiary designations, organ donation, funeral documents); (2) negotiable instruments and other documents where possession confers title, unless there is a single, unalterable electronic version; and (3) anything the responsible agency excludes by regulation. New York’s Electronic Wills Act, signed in December 2025, adds a path for electronic wills: starting December 12, 2027, a will executed under the new EPTL Article 3, Part 6 will no longer be excluded.
The federal ESIGN Act (§ 7003) also does not cover family law, court documents, notices of utility shut-off, eviction or foreclosure on a primary residence, cancellation of life or health insurance, product recall notices and hazardous-materials documents. For these, check state law and any specific delivery rules.
Online notarization in New York
New York has allowed remote electronic notarization since January 31, 2023 (Executive Law § 135-c). The notary must be physically located in New York, register as an electronic notary with the Department of State (since February 1, 2023), see and hear the signer live, verify their identity through at least two methods, and keep the recording for ten years. It is a separate service from electronic signature: you only need it when the document calls for a notary (deeds, powers of attorney, affidavits).
How to prove who signed
The ESRA has no attribution rule like UETA’s § 9, so in a dispute you prove the signature the ordinary way: with evidence that the person signed and meant to. In practice that means an audit trail: which email address or mobile number the personal link went to, the IP address and browser it was opened from, the date and time of each step, and the SHA-256 hash of the document. That is what courts have asked for when an electronic signature was disputed, and it is what every document signed with MultiDocs carries. For the other states, see electronic signature laws by state.
This is general information, not legal advice. For your specific situation, ask a lawyer licensed in your state.
FAQs
Does New York recognize electronic signatures even without the UETA?
Yes. The ESRA (State Technology Law § 304) gives them the same validity as a handwritten signature, and the federal ESIGN Act applies statewide as well.
Can I sign a lease in New York electronically?
Yes. A lease is a private contract and is not among the § 307 exclusions. What you cannot do is replace with an email the notices the law requires you to deliver in a specific way.
What about a power of attorney?
Powers of attorney that dispose of property at death or incapacity are excluded by § 307, and powers of attorney generally require a notary. Do not sign them with an electronic signature alone.
Is an online notarization done in another state valid in New York?
New York has had its own electronic notarization since 2023 and, like the other states, generally recognizes notarial acts that were valid where they were performed. Out-of-state acknowledgments for documents recorded in New York usually also need a certificate of conformity (Real Property Law § 299-a); check with the county clerk.
What if someone denies they signed?
You will need to show it was that person. With MultiDocs you have the email address or mobile number the link was sent to, the IP address, the date and time, and the document’s hash.
Official sources
- New York State Senate: State Technology Law § 304 (ESRA, use of electronic signatures)
- New York State Senate: State Technology Law § 307 (exceptions)
- New York State Senate: Executive Law § 135-c (electronic notarization)
- New York Department of State: electronic notarization FAQ (January 2023)
- Cornell LII: 15 U.S.C. § 7001 (ESIGN Act, general rule of validity and consumer consent)
- New York City Bar: report “Modernizing New York Electronic Signatures” (ESRA and UETA), January 2026
We checked each source on November 6, 2026. If you spot something out of date, write to us at info@multidocs.es.