New York Emerging Technologies Amendments to the New York Uniform Commercial Code Are Now Effective
June 5, 2026
June 5, 2026
On June 3, 2026, the New York Emerging Technologies Amendments to the New York Uniform Commercial Code (the UCC Amendments)[1] became effective in New York.
The bill (S.1840-A/A.3307-A) passed both chambers of the New York Legislature on June 11, 2025, was delivered to the Governor on December 1, 2025 and signed into law on December 5, 2025. The UCC Amendments became effective June 3, 2026, which is 180 days after enactment.
The measure substantially incorporates the 2022 amendments and additions to the Uniform Commercial Code approved by the American Law Institute and Uniform Law Commission, with certain deviations consistent with New York’s non-uniform versions of Articles 3 and 4 of the Uniform Commercial Code.
These amendments to the New York Uniform Commercial Code (the NY UCC) make numerous changes to accommodate emerging technologies, particularly modernizing commercial law rules with respect to blockchain, tokenization, cryptocurrency, electronic money, and other electronic or digital assets. A key update includes an entirely new Article 12 to the NY UCC, which deals directly with the acquisition and disposition of interests in “controllable electronic records”, which would include Bitcoin, Ether, and a variety of other digital assets. Under Article 12 and associated amendments to Article 9, a party may now perfect a security interest in certain controllable electronic records by obtaining “control” of such records. In addition, Article 12 confers an attribute of negotiability on controllable electronic records – a good faith purchaser for value who obtains control (a qualifying purchaser) takes its interest free of conflicting property claims.
This development follows our prior alert memorandum on New York’s enactment of the 2022 UCC Amendments.
Please refer any questions to Sandra Rocks, Brandon Hammer, Victor Chiu, Elise Toscano, or Alec Mitchell.
[1] https://www.nysenate.gov/legislation/bills/2025/S1840/amendment/A