New York e-signature and notarization law

New York's electronic signature law: the Electronic Signatures and Records Act (N.Y. State Technology Law art. 3, §§ 301 to 309). Electronic signatures are also valid under the federal ESIGN Act for most transactions. Some documents are excluded, such as wills, divorce and adoption documents, court orders and certain official notices.

The fuller federal list is in our guide to e-signing in the United States.

What New York's e-signature law does not cover

New York has its own law, the Electronic Signatures and Records Act. It 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. Section 307 of the State Technology Law then says the Act does not apply:

• 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 wills, trusts, decisions consenting to orders not to resuscitate and powers of attorney.
• To negotiable instruments and other instruments of title where possession of the instrument is deemed to confer title, subject to an exception in the statute.
• To any other document that the electronic facilitator has specifically excepted under its rules and regulations.

The first exclusion has its own exceptions, including contractual beneficiary designations, registering an anatomical gift under section 4310 of the Public Health Law, and documents authorizing or accepting funeral, cemetery and cremation services.

That version is in force until December 12, 2027. From then, the wills exclusion no longer applies to a will executed under part 6 of article 3 of the Estates, Powers and Trusts Law.

Remote online notarization in New York

Remote online notarization: allowed in New York.

New York Executive Law § 135-c authorizes any qualified notary public to perform an electronic notarial act using audio-video communication technology that lets the notary interact with a principal, provided all conditions of the section are met.

The notary must be physically present in New York, because the section defines an electronic notarial act as an official act by a notary public physically present in the state. Before performing any electronic notarial act, the notary must register the capability to notarize electronically with the Secretary of State.

SignAndGo doesn't notarize documents. A commissioned notary does that, using a remote notarization platform where the state allows it.

Where to read New York's law

• Electronic signatures: N.Y. State Technology Law art. 3, §§ 301 to 309, exclusions at § 307.
• Electronic notarization: N.Y. Exec. Law § 135-c.

Checked against New York's published law on November 2, 2026. This is general information, not legal advice.