Can this agreement be signed electronically?

Yes. Electronic signatures satisfy federal ESIGN protections (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and reliable record retention are documented. Confirm any specific statutory exceptions before using e-sign for certain document types.

Who must sign on behalf of an entity?

A person with actual authority such as an officer, partner, or agent must sign. Obtain corporate resolutions or authorization letters where authority is not apparent to avoid challenges to enforceability.

Is notarization required for enforceability?

Notarization is generally not required for commercial agreements but may be necessary for related filings or to create a self-proving record. Check state-specific requirements and whether a notarized acknowledgment is needed for third-party acceptance.

How do I correct a signed agreement?

Post-signature corrections typically require an amendment or mutual agreement. Avoid manual mark-ups on an executed copy; instead execute an amendment or replacement agreement documenting the change and preserving the audit trail.

Are e-signatures legally binding across states?

Yes. ESIGN and UETA provide legal equivalence for electronic signatures in interstate commerce. Some states have unique statutes; confirm local variations for court filings or particular transaction types.

How should executed agreements be stored?

Store a tamper-evident, timestamped copy with the audit trail and retain according to applicable retention rules (IRS, HIPAA, SEC). Ensure secure access controls and regular backups for compliance and discovery readiness.

Electronic Signature
Templates
Miscellaneous
AssetMark Business Agreement

AssetMark Business Agreement

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

AssetMark Business Agreement

This AssetMark Business Agreement ("Agreement") is entered into as of by and between:

Client Name: Client Address: AssetMark Representative: AssetMark Business Address:

Recitals

WHEREAS, Client desires to retain AssetMark to perform business advisory, account management, and related services as described herein; and

WHEREAS, AssetMark represents that it has the requisite expertise, personnel, and resources to provide the services described in this Agreement and agrees to perform such services under the terms and conditions set forth below; and

WHEREAS, the parties wish to set forth their respective rights and obligations in writing.

Scope of Work

AssetMark shall provide the services described below. Deliverables, milestones, and specific performance standards shall be set forth in the Scope of Work. Material changes to the Scope of Work will be documented in a written amendment signed by both parties.

Description of Services:

Payment Terms

In consideration for the services rendered by AssetMark, Client shall pay the fees set forth below in accordance with the schedule and conditions stated. All fees are exclusive of applicable taxes unless otherwise stated.

Total Contract Amount: Payment Schedule: Grace Period for Payment (days): Late Fee:

If any payment is not received by AssetMark within the specified grace period, Client shall pay a late fee equal to per month on the overdue balance, compounded monthly, or the maximum rate permitted by law, whichever is less.

Term and Termination

The term of this Agreement shall commence on and shall continue until unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate immediately for material breach if such breach remains uncured for thirty (30) days after receipt of written notice specifying the breach. Termination shall not relieve Client of its obligation to pay for services performed and expenses incurred through the effective date of termination.

Confidentiality

Each party (the "Receiving Party") shall hold in strict confidence all non-public, proprietary, or confidential information disclosed by the other party (the "Disclosing Party") in connection with this Agreement. Confidential information excludes information that (a) is or becomes publicly available other than by breach of this Agreement; (b) was rightfully known by the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s confidential information; or (d) is required to be disclosed by law or regulation, provided that the Receiving Party gives prompt notice to the Disclosing Party and cooperates to seek protective measures.

The obligations of confidentiality shall survive termination of this Agreement for years.

Indemnification and Limitation of Liability

Each party shall indemnify, defend and hold harmless the other party from and against claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's gross negligence or willful misconduct in connection with performance under this Agreement. Neither party shall be liable for indirect, incidental, special, punitive or consequential damages, except to the extent the same arise from gross negligence or willful misconduct.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as either party may specify in writing. Notices shall be deemed received when delivered by hand, by confirmed electronic transmission, or three (3) days after deposit with a nationally recognized overnight courier service.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in that State for any disputes arising under this Agreement.

Entire Agreement

This Agreement, together with any exhibits or amendments signed by both parties, constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or communications, whether written or oral. Any modification to this Agreement must be in writing and signed by authorized representatives of both parties.

Additional Provisions

Additional Terms (if any):

Each party represents and warrants that the individual signing below is duly authorized to execute this Agreement on behalf of the respective party and to bind such party to its terms.

Client:

By:

Date:

AssetMark:

By:

Date:

What the AssetMark Business Agreement Covers

The AssetMark Business Agreement is a formal contract used by financial advisors, broker-dealers, and institutional clients to set terms for services, account access, fee schedules, confidentiality, and deliverables. It documents roles and responsibilities between AssetMark (or an affiliated service provider) and the client or advisor firm, and typically includes scopes of service, compensation, data handling, termination rights, and dispute resolution. The agreement is used to establish an ongoing advisory relationship and to capture necessary regulatory acknowledgements and consents for handling client assets and client data.

Why a Clear Business Agreement Matters

A clear AssetMark Business Agreement reduces legal and operational risk by documenting service scope, fees, responsibilities, and dispute resolution terms. It creates an auditable record required by regulators and supports consistent client onboarding and ongoing compliance with industry rules.

Who Typically Completes This Agreement

The AssetMark Business Agreement is used by organizations and individuals in advisory, custody, and institutional channels.

Registered Investment Advisors and advisory firms that delegate custody or platform services to AssetMark.
Broker-dealers and affiliated firms establishing account servicing and clearing arrangements.
Institutional clients and family offices contracting for managed account or technology access.

Parties executing the agreement should confirm authorized signatories and regulatory permissions before signing.

Core Sections to Expect in the Agreement

A professional AssetMark Business Agreement contains standard commercial, regulatory, and data-protection clauses tailored for financial services relationships.

Parties & Recitals

Identifies contracting entities, effective date, and the commercial purpose of the relationship, clarifying which legal entities are bound.

Scope of Services

Defines specific platform services, custody, reporting, account setup, and any limits on activities or delegated functions.

Fees & Compensation

Describes fee schedules, billing cycles, reimbursement of expenses, and procedures for fee changes and dispute resolution.

Representations & Warranties

Sets mutual assurances about authority, regulatory status, licensing, anti-money-laundering compliance, and suitability for services.

Confidentiality

Specifies data handling, permitted disclosures, security safeguards, and any customer privacy obligations including HIPAA considerations where applicable.

Term & Termination

States initial term, renewal mechanics, termination rights, cure periods, and post-termination obligations such as data return or deletion.

Security and Compliance Features to Verify

Encryption: AES-256 at rest

Transport Security: TLS 1.2/1.3 in transit

Certifications: SOC 2 Type II available

HIPAA Support: BAA available on request

Audit Trail: Timestamped signing records

Authentication: Multi-factor options supported

Key Risks and Potential Penalties

Incorrect Fees: Disputed billing can lead to financial remediation and client claims

Unauthorized Signatures: May trigger contract voiding or liability for improper authority

Data Breach: Regulatory fines and client notification obligations

Late Filings: Missing regulatory deadlines can incur monetary penalties

ESIGN Exceptions: Certain documents may not be e-signed under federal/state rules

Recordkeeping Failures: Noncompliance can increase audit risk and sanctions

Filling Out the Agreement: Step-by-Step

Follow a methodical sequence to reduce revisions and ensure enforceability.

01

Gather Documents: Collect entity formation documents, tax IDs, and authorization letters before starting
02

Complete Parties: Enter exact legal names and entity types to prevent ambiguity
03

Specify Terms: Define services, fees, and termination clauses with precise timeframes
04

Execute and Retain: Obtain all signatures, store final executed copy, and preserve the audit trail

How Execution and Delivery Typically Works

Execution workflows can be electronic or paper-based; follow the same logical steps for control and auditability.

Upload Document: Prepare the final agreement and upload to your signing platform
Assign Fields: Place signature, date, and initial fields for each signer
Authenticate Signers: Use email, SMS, or stronger ID methods as required
Store Final Record: Save executed copy and capture the signing audit trail

Common Digital Workflow Settings

Standardize workflow settings to ensure consistent execution across parties and vendors.

Field	Configuration
Signing Order	Sequential or parallel, choose sequential for approvals
Authentication	Email or SMS code; use stronger KBA if required
Conditional Fields	Show or hide clauses based on party selections
Notifications	Enable reminders and completion alerts for owners

Technical Requirements and Supported Formats

Confirm file formats, integrations, and signer authentication before starting an electronic workflow.

File Formats: PDF and DOCX are universally supported
Integrations: Common integrations include Salesforce and NetSuite
Authentication: Support for email, SMS, and SSO methods

Use platforms that preserve audit trails and allow secure export to standard formats for long-term recordkeeping and regulatory review.

Common Timeframes and Notice Periods

Contracts often contain fixed dates and notice periods; confirm these during drafting and signing.

Effective Date:

Use the agreed MM/DD/YYYY; performance obligations begin on this date

Invoice Payment Terms:

Typical net terms are Net 30 unless otherwise negotiated

Termination Notice:

Commonly 30–60 days' written notice for convenience termination

Renewal Notice:

Provide 60 days' notice prior to automatic renewal where applicable

Deliverable Deadlines:

Specify milestone dates and remedies for missed deliverables

Common Preparation Errors to Avoid

Leaving blank fields or placeholders can invalidate specific clauses and delay execution while parties resolve missing information.
Using informal or abbreviated legal names causes ambiguity; always use the entity name exactly as on formation documents.
Failing to verify signer authority may lead to unauthorized commitments and later disputes requiring indemnification or ratification.
Neglecting to preserve the audit trail after electronic signing can impair proof of consent and diminish enforceability in contested matters.

eSignature Vendor Comparison for Executing Business Agreements

Compare typical vendor price points and key capability differences when selecting an eSignature provider for business 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	7-day trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
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

Answers to common legal and technical questions about preparing, signing, and storing an AssetMark Business Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures satisfy federal ESIGN protections (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and reliable record retention are documented. Confirm any specific statutory exceptions before using e-sign for certain document types.
Who must sign on behalf of an entity?
A person with actual authority such as an officer, partner, or agent must sign. Obtain corporate resolutions or authorization letters where authority is not apparent to avoid challenges to enforceability.
Is notarization required for enforceability?
Notarization is generally not required for commercial agreements but may be necessary for related filings or to create a self-proving record. Check state-specific requirements and whether a notarized acknowledgment is needed for third-party acceptance.
How do I correct a signed agreement?
Post-signature corrections typically require an amendment or mutual agreement. Avoid manual mark-ups on an executed copy; instead execute an amendment or replacement agreement documenting the change and preserving the audit trail.
Are e-signatures legally binding across states?
Yes. ESIGN and UETA provide legal equivalence for electronic signatures in interstate commerce. Some states have unique statutes; confirm local variations for court filings or particular transaction types.
How should executed agreements be stored?
Store a tamper-evident, timestamped copy with the audit trail and retain according to applicable retention rules (IRS, HIPAA, SEC). Ensure secure access controls and regular backups for compliance and discovery readiness.

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