New York Banking Code § 578-A

Electronic notes and documents
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§ 578-a. Electronic notes and documents. 1. For purposes of this\nsection, the following words have the following meanings:\n  (a) "Delivered by electronic means" includes:\n  (i) delivery to an electronic mail address at which a party has\nconsented to receive notices or documents; or\n  (ii) posting on an electronic network or site accessible via the\ninternet, mobile application, computer, mobile device, tablet, or any\nother electronic device, together with separate notice of such posting\nwhich shall be provided by electronic mail to the address at which such\nparty has consented to receive notice or by any other electronic\ndelivery method that has been consented to by such party.\n  (b) "Party" means any recipient of any notice or document required as\npart of a premium finance transaction, including, but not limited to, an\ninsured, insurance agent or broker, or insurer.\n  2. Subject to the requirements of this section, any notice to a party\nor any other document required under this article in a premium finance\ntransaction or that is to serve as evidence of a premium finance\nagreement may be delivered, stored, and presented by electronic means so\nlong as it meets the requirements of article three of the state\ntechnology law. Where this chapter requires that written notice to an\ninsured or any other document required under this article be mailed or\ndelivered to the insured at his address as shown in such premium finance\nagreement or at his last known address as shown on the records of the\npremium finance agency, the notice may be delivered by electronic means\nto an electronic address not shown on such premium finance agreement.\n  3. Delivery of any notice or document in accordance with this section\nshall be considered equivalent to any mail or delivery method required\nunder this article.\n  4. A notice or document may be delivered by electronic means by a\npremium finance agency to a party under this section if:\n  (a) such party has affirmatively consented to such method of delivery\nand has not withdrawn such consent;\n  (b) such party, before giving consent, is provided with a clear and\nconspicuous statement informing such party of:\n  (i) the right of such party to withdraw, at any time, consent to have\nsuch notice or document be delivered by electronic means, and any\nconditions or consequences imposed in the event consent is withdrawn;\n  (ii) the types of notices and documents to which such party's consent\nwould apply;\n  (iii) the right of such party to have such notice or document\ndelivered in paper form; and\n  (iv) the procedures such party must follow to withdraw consent to have\nsuch notice or document delivered by electronic means and to update such\nparty's electronic mail address;\n  (c) such party:\n  (i) before giving consent, is provided with a statement of the\nhardware and software requirements for access to and retention of such\nnotice or document delivered by electronic means; and\n  (ii) consents electronically, or confirms consent electronically, in a\nmanner that reasonably demonstrates that such party can access\ninformation in the electronic form that will be used for notices or\ndocuments delivered by electronic means as to which such party has given\nconsent; and\n  (d) after consent of such party is given, such premium finance agency,\nin the event a change in the hardware or software requirements needed to\naccess or retain such notice or document delivered by electronic means\ncreates a material risk that such party will not be able to access or\nretain a subsequent notice or document to which such consent applies:\n  (i) provides such party with a statement that describes:\n  (A) the revised hardware and software requirements for access to and\nretention of such notice or document delivered by electronic means; and\n  (B) the right of such party to withdraw consent without the imposition\non any condition or consequence that was not disclosed at the time of\ninitial c

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