Can an Anti-Steering Agreement be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided the signing process captures intent, consent, attribution, and retention. Certain narrow exceptions (e.g., some court filings or testamentary documents) may still require wet ink.

Do I need notarization or witnesses?

Usually no for commercial anti-steering contracts, but state-specific rules or internal policy may require notarization for certain filings. Verify local requirements and include a notary block only if necessary to avoid unnecessary steps.

What if a party changes name after signing?

Record amendments or assignations should be executed to reflect entity name changes. Maintain evidence of corporate continuity or merger documents to preserve enforceability.

How should I handle PHI or sensitive data?

If the agreement involves protected health information, include a Business Associate Agreement and follow HIPAA safeguards (45 CFR §164.530(j)). Use platforms that support BAAs and encrypt data at rest and in transit.

What constitutes a breach of an anti-steering clause?

Breach typically requires proof of prohibited steering behavior or undisclosed compensation that materially influenced referrals. Remedies depend on contract language and may include damages, termination, or injunctive relief.

How long should I keep executed agreements?

Retain executed agreements for the active term plus a recommended minimum of three years; healthcare records require six years per HIPAA (45 CFR §164.530(j)), and tax-related records follow IRC retention guidance.

Electronic Signature
Templates
Miscellaneous
Anti-Steering Agreement

Anti-Steering Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ANTI-STEERING AGREEMENT

Party A (Disclosing Party): Party A Address for Notices: Party B (Receiving Party): Party B Address for Notices:

RECITALS

WHEREAS, Party A provides or coordinates certain products, services, referrals, or financing options described herein (the "Services") and maintains relationships with clients and prospective clients; and

WHEREAS, Party B may, in the course of performing services or communicating with clients and prospective clients, be in a position to recommend, refer, or otherwise direct such clients to third-party providers; and

WHEREAS, the parties desire to set forth terms that restrict Steering (as defined below) in order to preserve fair dealing and protect the parties' legitimate business interests.

DEFINITIONS

For purposes of this Agreement, "Steering" means any act by which Party B solicits, encourages, induces, directs, influences or attempts to influence a client or prospect to select or engage any third-party provider or product instead of Party A's Services, including by omission, misrepresentation, or by failing to present Party A's lawful options where such presentation is reasonably required by the relationship or professional standard.

SCOPE OF WORK

Party B shall perform the following activities in relation to Party A's clients and prospective clients and shall adhere to the restrictions in this Agreement:

Party B shall not engage in Steering. When advising, referring, or presenting options to any client or prospective client for services within the subject matter of Party A's business relationship with that client, Party B shall disclose available options, state material differences, and treat Party A's Services fairly and consistently with applicable professional obligations.

PAYMENT TERMS

As consideration for the obligations in this Agreement, Party A shall pay Party B as follows.

Total Agreement Amount: Payment Schedule / Milestones: Late Fee on Overdue Payments:

Invoices shall be issued in writing to the Notices address for each party. Unless otherwise agreed in writing, payments are due within thirty (30) days of invoice date. Late payments shall accrue the late fee specified above and the prevailing costs of collection, including reasonable attorneys' fees.

TERM AND TERMINATION

This Agreement commences on the Effective Date and continues until the Term End Date unless earlier terminated in accordance with this Section.

Effective Date: Term End Date:

Termination Notice Period (days):

Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for the notice period specified above after receipt of written notice. Termination shall not relieve either party of obligations that by their nature survive termination, including payment obligations, confidentiality, and indemnities.

CONFIDENTIALITY

Each party acknowledges that, in connection with the relationship governed by this Agreement, it will obtain confidential or proprietary information of the other party or of clients ("Confidential Information"). Confidential Information includes nonpublic business, financial, client, pricing, and operational information. Except as required by law, each party shall (a) maintain Confidential Information in strict confidence, (b) not use Confidential Information for any purpose other than performing obligations under this Agreement, and (c) not disclose Confidential Information to third parties except to employees, agents, or contractors who need to know and who are bound by confidentiality obligations no less protective than those set forth herein.

Confidential Information does not include information that (i) is or becomes publicly available through no wrongful act of the receiving party, (ii) was already in the receiving party's possession without restriction prior to disclosure, or (iii) is independently developed without use of the disclosing party's Confidential Information. A receiving party may disclose Confidential Information to the extent compelled by law, provided it gives the disclosing party prompt notice and cooperates to seek protective measures.

COMPLIANCE WITH LAW; NON-STEERING OBLIGATION

Each party represents that it will comply with all applicable laws, rules, and professional standards in performing its obligations under this Agreement. Party B specifically agrees not to engage in Steering and to ensure that any referrals or recommendations are made in good faith, fairly and in accordance with applicable ethical and legal obligations.

REMEDIES

Material breach of the obligations not to engage in Steering shall entitle the non-breaching party to all remedies available at law or in equity, including injunctive relief and damages. The parties acknowledge that monetary damages may be insufficient to remedy breaches of confidentiality or non-steering obligations and that equitable relief may be appropriate.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflicts of law principles.

ENTIRE AGREEMENT

This Agreement, together with any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals, or representations, whether written or oral. Any modification must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, except that either party may assign to an affiliate or in connection with a merger or sale of substantially all its assets.

Notices under this Agreement shall be given in writing and delivered to the addresses set forth above or to such other address as a party designates in writing. Notices are effective upon personal delivery, three (3) business days after deposit with a nationally recognized overnight courier, or five (5) business days after mailing by certified mail, return receipt requested.

Party A - Printed Name:

By:

Date:

Party B - Printed Name:

By:

Date:

What an Anti-Steering Agreement Is and When It Applies

An Anti-Steering Agreement is a contractual promise that one party will not direct, recommend, or incentivize customers, referrals, or clients toward specified third parties or services. Common in finance, insurance, and healthcare contexts, these agreements define prohibited referral behaviors, required disclosures, applicable compensation rules, and remedies for breaches. The document clarifies duties between parties, identifies affected services or products, and establishes duration and termination terms. It can be standalone or part of a broader services, broker, or vendor agreement and is regularly executed electronically under U.S. e-signature frameworks when allowed.

Why an Anti-Steering Agreement Matters

An Anti-Steering Agreement reduces conflicts of interest, preserves regulatory compliance, and documents parties’ obligations to avoid directing business based on improper incentives. It creates a clear basis for enforcement and audit trails while protecting reputation and contractual performance.

Who Typically Completes an Anti-Steering Agreement

The agreement is used by organizations that manage referrals, broker relationships, or service networks.

Brokers and lenders who manage client referrals and compensation arrangements.
Insurers and benefit administrators that control provider networks and referral routing.
Hospitals and provider groups to document referral and patient steering limitations.

Smaller businesses and large enterprises use similar templates, adjusted for industry rules and oversight needs.

Core Elements to Include in a Professional Anti-Steering Agreement

A complete agreement names parties, precisely limits steering activities, explains compensation and disclosures, sets term and termination, establishes remedies, and includes compliance and confidentiality provisions.

Parties

Identify full legal names and business entities for all parties, including DBAs and parent companies where applicable, to avoid ambiguity in enforcement or notices.

Scope

Define prohibited steering behaviors and the specific services, products, referral channels, or geographic areas covered; cite examples to reduce interpretive disputes.

Term & Termination

State effective date, renewal mechanics, notice periods, and termination for cause; include survival clauses for post-termination obligations.

Compensation & Disclosure

Describe permitted compensation arrangements, reporting obligations, and required consumer disclosures to demonstrate transparency and reduce regulatory risk.

Remedies

Specify contractual remedies, injunctive relief options, liquidated damages (if enforceable), and dispute resolution procedures, including governing law.

Compliance & Confidentiality

Add clauses addressing applicable statutes, data protection expectations, and confidentiality limits for shared referral or consumer information.

Step-by-Step: Completing the Anti-Steering Agreement

Follow these steps to populate, review, and execute the agreement in a compliant sequence.

01

1. Gather details: Collect legal names and IDs.
02

2. Define scope: Specify covered services and channels.
03

3. Insert disclosures: Add compensation and consumer notices.
04

4. Sign and retain: Execute with signatures and store securely.

Configuring an Electronic Workflow for the Agreement

Set up a clear digital workflow to place fields, assign signers, and capture an audit trail before sending.

Field	Configuration
Signature Fields	Assign to named signers in role order.
Date Fields	Auto-fill on signature or require manual entry.
Disclosure Checkbox	Require affirmative consent before signing.
Attachments	Include exhibits as locked PDFs.

Typical Routing and Submission Flow

A predictable routing path reduces signer friction and preserves chronological evidence of acceptance.

Prepare Document: Upload final agreement and attach exhibits.
Place Fields: Add signatures, initials, and dates.
Assign Signers: Set signer order and authentication level.
Deliver & Execute: Send links or email invites for signing.

Digital Signing Requirements and Platform Considerations

Choose an e-signature platform that supports audit trails, role-based fields, and the authentication level your agreement requires.

Integrations: Salesforce, NetSuite, Google Workspace supported.
Authentication: Email, SMS, or advanced signer verification.
Security: TLS and AES encryption in transit/rest.

Key Timeframes: Review, Signing, and Post-Execution Steps

Establish clear internal deadlines to avoid late disclosures, missed notice periods, or retention gaps.

Internal Review Period:

Allow at least 5–10 business days for legal and compliance review.

Signer Turnaround:

Request signatures within 7–14 days to preserve momentum.

Notarization Window:

If notarization required, schedule within signature period.

Documentation Filing:

File any required disclosures with regulators within stated notice periods.

Retention Start Date:

Retention begins on the effective date or last signature date.

Milestones: From Draft to Enforceable Agreement

Track these sequential milestones to ensure the agreement becomes enforceable and auditable.

01

Draft Completion

Agree on final language and exhibits before routing for signatures.

02

Compliance Sign-Off

Obtain counsel and compliance approval ahead of execution.

03

Execution Date

Capture the effective date and signing timestamps during execution.

04

Archive & Monitor

Store final copy and monitor for compliance breaches.

Common Preparation Mistakes to Avoid

Vague scope language that leaves steering behaviors open to interpretation and dispute.
Missing or inconsistent party names across exhibits, notices, or signature blocks causing enforceability issues.
Failure to disclose compensation or referral fees clearly, creating audit and tax risks.
Not aligning digital signing settings with required authentication or retention rules, weakening evidentiary value.

Primary Risks and Potential Consequences

Contract Damages: Monetary liability for breach.

Regulatory Action: Investigations or fines possible.

Tax Withholding: Incorrect reporting may trigger withholding.

Anti-Kickback Exposure: Healthcare arrangements may implicate statutes.

Injunction Risk: Court-ordered performance restrictions.

Reputational Harm: Loss of trust with partners or clients.

Essential Information and Fields to Capture

Party Details: Full legal name and entity type.

Effective Date: MM/DD/YYYY format required.

Scope Description: Precise goods/services listed.

Compensation Terms: Amounts, timing, and reporting.

Signatures: Name, title, signature, date.

Notary Block: Include only if jurisdiction requires.

Sample Use Cases Illustrating Typical Anti-Steering Scenarios

The following condensed examples show practical situations where an Anti-Steering Agreement clarifies obligations and reduces disputes.

Broker-Lender Relationship

A mortgage broker agrees not to steer borrowers toward specific lenders for kickbacks

Broker remains free to recommend lenders based on client needs
The agreement requires disclosure of referral fees, records for audit, and liquidated damages for breaches to protect consumers and regulators.

Provider Network Management

A health plan requires network managers to avoid directing patients to certain specialists for financial gain

Managers must disclose any indirect incentives and routing rules
The contract includes compliance reporting, a BAA for PHI, and termination rights for regulatory risk to preserve patient choice.

Practical Tips for Accurate and Efficient Completion

Adopt these practices to reduce delays, improve enforceability, and lower compliance risk when preparing the agreement.

Use precise definitions throughout the document

Define 'steering,' 'referral,' 'compensation,' and any technical terms once in a definitions section to avoid inconsistent interpretation during enforcement or audit.

Centralize disclosures and reporting obligations

Place required consumer disclosures and reporting timelines in a single exhibit to simplify compliance checks and reduce the chance of omission.

Match signatory authority to corporate records

Confirm signers have authority and include title blocks; attach evidence of corporate authorization for organizations where practical.

Use version control and audit logs

Keep a controlled master copy and preserve audit trails for edits, approvals, and the final signed file to support legal and regulatory review.

Representative eSignature Vendor Comparison for Executing Agreements

A basic comparison of starting prices and common enterprise features to consider when choosing an eSignature provider for executing Anti-Steering Agreements.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	Yes	Yes	Yes	Yes
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About Anti-Steering Agreements

Answers to common issues encountered when preparing, signing, and storing Anti-Steering Agreements using electronic workflows.

Need help? Contact support

Can an Anti-Steering Agreement be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided the signing process captures intent, consent, attribution, and retention. Certain narrow exceptions (e.g., some court filings or testamentary documents) may still require wet ink.
Do I need notarization or witnesses?
Usually no for commercial anti-steering contracts, but state-specific rules or internal policy may require notarization for certain filings. Verify local requirements and include a notary block only if necessary to avoid unnecessary steps.
What if a party changes name after signing?
Record amendments or assignations should be executed to reflect entity name changes. Maintain evidence of corporate continuity or merger documents to preserve enforceability.
How should I handle PHI or sensitive data?
If the agreement involves protected health information, include a Business Associate Agreement and follow HIPAA safeguards (45 CFR §164.530(j)). Use platforms that support BAAs and encrypt data at rest and in transit.
What constitutes a breach of an anti-steering clause?
Breach typically requires proof of prohibited steering behavior or undisclosed compensation that materially influenced referrals. Remedies depend on contract language and may include damages, termination, or injunctive relief.
How long should I keep executed agreements?
Retain executed agreements for the active term plus a recommended minimum of three years; healthcare records require six years per HIPAA (45 CFR §164.530(j)), and tax-related records follow IRC retention guidance.

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