New York has not passed the UETA’s law on electronic signatures but has established its own rules and restrictions in this area, as set out in the Law on Electronic Signatures and Records of the ESRA. It is also an addition to federal legislation on the regulation of electronic document circulation.
The legality of eSignatures in DigiSigner for State of New York
According to ESRA, electronic signatures in DigiSigner have full legal force within the established rules. You can put such a signature online, even if the two parties to the contract are located in different parts of the world.
Download the required document and click Sign to sign, or Send for signing, to send the signature to another person. When he signs, the document will appear in the Waiting for Me section. Select in the document the place where the painting is required.
Leave a caption with the mouse, enter text or upload a finished image. Remember to save your changes. After that, the signature can no longer be removed from the document.
Create a template with the details, if you need to sign the same type of documents on an ongoing basis. Ready-made templates with initials, position, and signature are inserted into the document with one click. Keep track of the signing of other parties to the transaction and keep electronic documentation online.
New York Electronic Signature Act
The ESRA provides that signatures made using electronic means and services are legally binding along with handwritten signatures. The law also strengthens and clarifies the powers of the government to create and store electronic records produced by a computer.
Currently, electronic records have the same legal force as documents produced in other formats. The law also defines the State Information Technology Administration as an electronic intermediary responsible for adopting regulations and rules for programs approved by the draft law.
Definition of law in New York for eSignature
The law on electronic signatures and records provides them with the same legal force as other handwritten or paper documents used or adopted in the state of New York. According to him, ITS, as a government, acts as an intermediary for both the public and private sectors in New York.
Electronic signatures are understood to mean a symbol, sound, or process logically associated with a signature and accepted by a person to set their details. An electronic record is an information that is created, received or transmitted by electronic means. A person should perceive it without difficulty and accurately reproduced.
Exclusion in the use of electronic signatures
The use of electronic signatures is not acceptable in all areas. The following documents are excluded:
• consent not to resuscitate;
• power of attorney for medical equipment;
• power of attorney for medical care.
The Electronic Protocol provides a complete list. From September 23, 2012, the law allows for the receipt of electronic signatures for the registration of a vehicle or real estate. Electronic records are also required, which are required when submitting digitized paper documents, promissory notes, mortgages, accompanying documents.
Office of Information Technology Services
This organization, as an electronic coordinator, is designed to implement ESRA by:
• promulgation of rules and regulations;
• consultation with officials and local authorities;
• developing guidelines and principles;
• providing up-to-date information on standards, rules, and guidelines;
• provision of informal consultations and opinions on the application of ESRA.
The system works in this way. An ESRA is a law that authorizes an ITS to adopt a regulation to help implement it. The latter develops principles for promoting the use of electronic signatures in government and commercial transactions. The guidelines do not have legal force but are informational.