New York regulations

9 NYCRR 540.5

Executive Department

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Electronic records

Electronic records

Compiled text through Aug 15, 2022

Register checked through Jul 29, 2026

Later Register activity found — review the notice before relying on the compiled text.

Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Aug 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
ITS-37-23-00004-A · Adopted rule · Jan 10, 2024
Source snapshot
Jun 6, 2026
(a)An electronic record used by a person shall have the same force and effect as those records not produced by electronic means.
(b)Pursuant to ESRA and this Part, governmental entities are authorized and empowered to produce, receive, accept, acquire, record, file, transmit, forward and store electronic records. If any governmental entity uses electronic records it shall:
(1)ensure that anyone who uses the services of such governmental entity may obtain access to records as permitted by law, and may receive copies of such records in paper form in accordance with fees prescribed by law;
(2)not refuse to accept hard copy, nonelectronic forms, reports, and other paper documents for submission or filing, except as otherwise provided by law; and
(3)not require the submission or filing of any record electronically, except as otherwise provided by law.
(c)All laws applicable to government records shall be applicable to electronic records maintained by governmental entities, including, but not limited to, retention, accessibility and disposition requirements established under the Arts and Cultural Affairs Law or the Judiciary Law.
(d)Governmental entities shall employ procedures and controls designed to ensure the authenticity, integrity, security and, when appropriate, the confidentiality of electronic records.
(e)Governmental entities using electronic records shall, in the absence of specific statutory or regulatory requirements, have the authority to specify the manner and format in which electronic records will be received, produced, accepted, acquired, recorded, filed, transmitted, forwarded, acknowledged and stored. For the purposes of ensuring the receipt of electronic records, governmental entities must designate the receiving device.

State Register activity

2 rulemakings · 3 notices

  1. Updated citations to New York State electronic notary regulations.

    ITS-37-23-00004Part-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 540).

    1. Adopted ruleITS-37-23-00004-A

      Amendment of Part 540 of Title 9 NYCRR.

    2. Proposed ruleITS-37-23-00004-P

      Amendment of Part 540 of Title 9 NYCRR. This rule is proposed pursuant to SAPA section 207(3), 5-Year Review of Existing Rules.

  2. Implementing the Electronic Signatures and Records Act.

    ITS-52-17-00002Part-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 540).

    1. Proposed ruleITS-52-17-00002-P

      This is a consensus rule making to amend sections 540.1-540.3 of Title 9 NYCRR.

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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