N.Y. Real Property Law Section 291-I
Validity of electronic recording


1.

Notwithstanding any law to the contrary, (a) where a law, rule or regulation requires, as a condition for recording, that an instrument affecting real property be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by a digitized paper document or an electronic record of such instrument;

(b)

where a law, rule or regulation requires, as a condition for recording, that an instrument affecting real property be signed, the requirement is satisfied, where the instrument exists as a digitized paper document, if the digitized image of a wet signature of the person executing such instrument appears on such digitized paper document or, where the instrument exists as an electronic record, if the instrument is signed by use of an electronic signature;

(c)

where a law, rule or regulation requires, as a condition of recording, that an instrument affecting real property or a signature associated with such an instrument be notarized, acknowledged, verified, witnessed or made under oath, the signature requirement is satisfied if:

(i)

the digitized image of a wet signature of the person authorized to perform that act and any stamp, impression or seal required by law to be included, appears on a digitized paper document of such instrument; or

(ii)

the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with an electronic record of such instrument, provided, however that no physical or electronic image of a stamp, impression or seal shall be required to accompany such electronic signature.

(d)

where a law, rule or regulation requires, as a condition of recording an instrument affecting real property, that any accompanying document be filed therewith, the requirement is satisfied if, in the case of recording by electronic means, a digitized paper document or electronic record of any such accompanying document is presented to the recording officer at the same time as such instrument is recorded by electronic means; provided that each such document or record shall be presented to the recording officer as a separate digitized paper document or electronic record unto itself.

2.

A digitized paper document or documents shall be created using a software application or other electronic process which stores an image of the original paper document or documents, and which does not permit additions, deletions or other changes to the digitized image, or if additions, deletions or changes are permitted, a media trail exists which creates an electronic record which makes it possible to identify these changes.

3.

Nothing in this section or any other provision of law shall be construed to require the recording by electronic means of instruments affecting real property. The decision by each county clerk to participate in electronic recording is discretionary. Once a county clerk permits electronic recording, the county shall accept such electronic recordings.

4.

Where any recording officer permits instruments affecting real property and any accompanying documents to be presented for recording or filing as digitized paper documents or electronic records pursuant to this section, such recording by electronic means shall be in accordance with the rules and regulations established by the electronic facilitator pursuant to subdivision five of this section.

5.

In order to ensure consistency in the standards and practices of, and the technology used by recording officers in the state, the electronic facilitator, as described in State Technology Law § 303 (Electronic facilitator)section three hundred three of the state technology law, shall, consistent with the provisions of article three of the state technology law, promulgate rules and regulations, and amendments thereto, as appropriate governing the use and acceptance of digitized paper documents, electronic records and electronic signatures under this article. Such authority shall address and be limited to standards requiring adequate information security protection to ensure that electronic records of instruments affecting real property documents are accurate, authentic, adequately preserved for long-term electronic storage and resistant to tampering. When promulgating rules and regulations, the electronic facilitator may take into consideration:

(a)

the most recent standards promulgated by national standard-setting bodies such as, without limitation, the property records industry association;

(b)

the views of interested persons and governmental officials and entities, including but not limited to recording officers and representatives of the state title, legal and banking industries; and

(c)

the needs of counties of varying size, population, and resources.

6.

Nothing contained in this section shall be construed to authorize a recording officer to furnish digitized paper documents of the reports required by section five hundred seventy-four of the real property tax law. Such reports shall be furnished as paper documents with the requisite notations thereon, except where the state board of real property services has agreed to accept data submissions in lieu thereof or has provided for the electronic transmission of such data pursuant to law.

Source: Section 291-I — Validity of electronic recording, https://www.­nysenate.­gov/legislation/laws/RPP/291-I (updated Sep. 22, 2014; accessed Jun. 15, 2024).

290
Definitions
291
Recording of conveyances
291‑A
Recording conveyances of land in towns in Chautauqua county
291‑B
Recording conveyances of land in towns in Cattaraugus county
291‑C
Recording memoranda of leases
291‑CC
Recording modifications of leases
291‑D
Recording of master forms of mortgage covenants and clauses
291‑E
Exceptions, reservations and recitals referring to unrecorded conveyances and contracts for sale of real property
291‑F
Rights where recorded mortgage restricts landlord’s action in respect to leases
291‑G
Recording insurance information
291‑H
Recording of liens by the state
291‑I
Validity of electronic recording
291‑J
Recording of declarations by the New York state energy research and development authority
292
By whom conveyance must be acknowledged or proved
292‑A
Conveyances by certain corporations executed and acknowledged by attorneys in fact entitled to recordation
293
Recording of conveyances heretofore acknowledged or proved
294
Recording executory contracts and powers of attorney
294‑A
Recording assignments of rent
294‑B
Recording brokers affidavit of entitlement to commission for completed brokerage services
295
Recording of letters patent
296
Recording copies of instruments which are in secretary of state’s office
297
Certified copies may be recorded
297‑A
Recording of certified copies of bankruptcy papers
297‑B
Recording of certified copies of judgments affecting real property
298
Acknowledgments and proofs within the state
299
Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof
299‑A
Acknowledgment to conform to law of New York or of place where taken
300
Acknowledgments and proofs by persons in or with the armed forces of the United States
301
Acknowledgments and proofs in foreign countries
301‑A
Acknowledgment to conform to law of New York or of foreign country
302
Acknowledgments and proofs by married women
303
Requisites of acknowledgments
304
Proof by subscribing witness
305
Compelling witnesses to testify
306
Certificate of acknowledgment or proof
307
When certificate to state time and place
308
When certificate must be under seal
309
Acknowledgment by corporation and form of certificate
309‑A
Uniform forms of certificates of acknowledgment or proof within this state
309‑B
Uniform forms of certificates of acknowledgement or proof without this state
310
Authentication of acknowledgments and proofs made within the state
311
Authentication of acknowledgments and proofs made without the state
312
Contents of certificate of authentication
313
Notary public
313‑A
Deputies
314
Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead
314‑A
Proof when witnesses are dead
315
Recording books
316
Indexes
316‑A
Indexing and reindexing conveyances, mortgages and other instruments
316‑B
Inactive hazardous waste disposal site registry index
317
Order of recording
318
Certificate to be recorded
319
Time of recording
320
Certain deeds deemed mortgages
321
Recording discharge of mortgage
321‑A
Recording discharge of rent assignment
324
Effect of recording assignment of mortgage
325
Recording of conveyances made by treasurer of Connecticut
326
Revocation to be recorded
327
Penalty for using long forms of covenants
328
Certain acts not affected
329
Actions to have certain instruments canceled of record
329‑A
Lapse of oil and gas interest within Allegany state park
330
Officers guilty of malfeasance liable for damages
331
Laws and decrees of foreign countries appointing agents and attorneys and recording of the same
332
The record of certain conveyances validated
332‑A
Validation of the record, execution and proof or acknowledgment of certain other instruments
332‑B
The record of certain other conveyances validated
333
When conveyances of real property not to be recorded
333‑A
Same
333‑B
Recording of maps or plot plans
333‑C
Lands in agricultural districts
334
Maps to be filed
334‑A
Filing of subdivision maps in Nassau county
335
Filing of maps and abandonment of subdivisions in Suffolk county
335‑A
Easements of necessity
335‑B
Recording of solar energy easements
336
Effect of recording demands or requirements of noncitizen property custodian

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 291-I’s source at nysenate​.gov

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