Amd §11, Bank L; amd §§3-2.1 & 7-1.17, EPT L; amd §4201, Pub Health L; add §304-a, RP L
Provides for the remote conduct of certain practices and procedures including meetings and notarizations utilizing electronic and/or audio-visual technologies.
STATE OF NEW YORK
________________________________________________________________________
2574
2025-2026 Regular Sessions
IN ASSEMBLY
January 17, 2025
___________
Introduced by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the banking law, the estates, powers and trusts law, the
public health law and the real property law, in relation to providing
for the remote conduct of certain practices and procedures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 11 of the banking law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. Notwithstanding any provision of law to the contrary, any instru-
4 ment which is signed and delivered to the superintendent pursuant to any
5 provision of this chapter, and is required to be verified or acknowl-
6 edged pursuant to the provisions of this chapter, may be verified or
7 acknowledged by including the standard verification or acknowledgment
8 language in such instrument and transmitting a legible copy of the
9 signed instrument by fax or electronic means. The superintendent shall
10 promulgate all rules and regulations necessary for the implementation of
11 the provisions of this subdivision.
12 § 2. Section 3-2.1 of the estates, powers and trusts law is amended by
13 adding a new paragraph (c) to read as follows:
14 (c) (1) Notwithstanding any provision of this section to the contrary,
15 the attestation of wills may be made utilizing audio-video technology if
16 the following conditions are met:
17 (A) The testator, if not personally known to the attesting witness,
18 shall present valid photo identification to the attesting witness during
19 the audio-video conference.
20 (B) The audio-video conference shall allow for direct interaction
21 between the testator and the attesting witness.
22 (C) The attesting witness shall receive a legible copy of the signa-
23 ture page, or pages, which shall be transmitted via fax or electronic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05942-01-5
A. 2574 2
1 means, within twenty-four hours of such pages being signed by the testa-
2 tor during the audio-video conference.
3 (D) The attesting witness shall sign the transmitted copy of the
4 signature page, or pages, and transmit the same back to the testator.
5 (2) An attesting witness may repeat the attestation of the original
6 signature page, or pages, as of the date of execution provided that the
7 attesting witness receives such original signature page, or pages,
8 together with the electronically attested copy, attested to pursuant to
9 the provisions of subparagraph one of this paragraph, within thirty days
10 after the date of execution.
11 § 3. Section 7-1.17 of the estates, powers and trusts law is amended
12 by adding a new paragraph (c) to read as follows:
13 (c) (1) Notwithstanding any provision of this section to the contrary,
14 witnessing pursuant to this section may be made utilizing audio-video
15 technology if the following conditions are met:
16 (A) The person requesting that their signature be witnessed, if not
17 personally known to the witnesses, shall present valid photo identifica-
18 tion to the witnesses during the audio-video conference.
19 (B) The audio-video conference shall allow for direct interaction
20 between the person requesting that their signature be witnessed and the
21 witnesses.
22 (C) The witnesses shall receive a legible copy of the signature page,
23 or pages, which shall be transmitted via fax or electronic means, within
24 twenty-four hours of such pages being signed by the person requesting
25 that their signature be witnessed during the audio-video conference.
26 (D) The witnesses shall sign the transmitted copy of the signature
27 page, or pages, and transmit the same back to the person requesting that
28 their signature be witnessed.
29 (2) A witness may repeat the witnessing of the original signature
30 page, or pages, as of the date of execution provided that the witness
31 receives such original signature page, or pages, together with the elec-
32 tronically witnessed copy, witnessed pursuant to the provisions of
33 subparagraph one of this paragraph, within thirty days after the date of
34 execution.
35 § 4. Section 4201 of the public health law is amended by adding a new
36 subdivision 3-a to read as follows:
37 3-a. (a) Notwithstanding any provision of this section to the contra-
38 ry, witnessing pursuant to this section may be made utilizing audio-vi-
39 deo technology if the following conditions are met:
40 (i) The person requesting that their signature be witnessed, if not
41 personally known to the witnesses, shall present valid photo identifica-
42 tion to the witnesses during the audio-video conference.
43 (ii) The audio-video conference shall allow for direct interaction
44 between the person requesting that their signature be witnessed and the
45 witnesses.
46 (iii) The witnesses shall receive a legible copy of the signature
47 page, or pages, which shall be transmitted via fax or electronic means,
48 within twenty-four hours of such pages being signed by the person
49 requesting that their signature be witnessed during the audio-video
50 conference.
51 (iv) The witnesses shall sign the transmitted copy of the signature
52 page, or pages, and transmit the same back to the person requesting that
53 their signature be witnessed.
54 (b) A witness may repeat the witnessing of the original signature
55 page, or pages, as of the date of execution provided that the witness
56 receives such original signature page, or pages, together with the elec-
A. 2574 3
1 tronically witnessed copy, witnessed pursuant to the provisions of para-
2 graph (a) of this subdivision, within thirty days after the date of
3 execution.
4 § 5. The real property law is amended by adding a new section 304-a to
5 read as follows:
6 § 304-a. Witnessing utilizing audio-video technology. 1. Notwith-
7 standing any provision of this article to the contrary, witnessing
8 pursuant to this section may be made utilizing audio-video technology if
9 the following conditions are met:
10 (a) The person requesting that their signature be witnessed, if not
11 personally known to the witness, shall present valid photo identifica-
12 tion to the witness during the audio-video conference.
13 (b) The audio-video conference shall allow for direct interaction
14 between the person requesting that their signature be witnessed and the
15 witness.
16 (c) The witnesses shall receive a legible copy of the signature page,
17 or pages, which shall be transmitted via fax or electronic means, within
18 twenty-four hours of such pages being signed by the person requesting
19 that their signature be witnessed during the audio-video conference.
20 (d) The witness shall sign the transmitted copy of the signature page,
21 or pages, and transmit the same back to the person requesting that their
22 signature be witnessed.
23 2. A witness may repeat the witnessing of the original signature page,
24 or pages, as of the date of execution provided that the witness receives
25 such original signature page, or pages, together with the electronically
26 witnessed copy, witnessed pursuant to the provisions of subdivision one
27 of this section, within thirty days after the date of execution.
28 § 6. This act shall take effect on the thirtieth day after it shall
29 have become a law.
