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Body Corporate Disclosure

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BODY CORPORATE DISCLOSURE

PARTIES AND PROPERTY IDENTIFICATION

Property Address:   Lot/Unit No.:   Parcel/APN:

BODY CORPORATE / ASSOCIATION INFORMATION

FINANCIAL STATUS AND LEVIES

Annual/Periodic Levy Amount:   Levy Due Date (next instalment):

Special Levies Proposed or Approved:   If yes, amount:   Purpose/Description:

INSURANCE, CLAIMS AND MAINTENANCE

Does the body corporate maintain building insurance covering common property and the building envelope?

Any outstanding or pending insurance claims affecting the property?

LITIGATION, DEFECTS, AND COMPLIANCE

Is the association engaged in any legal proceedings or disputes affecting the property?

Known structural or building defects or outstanding rectification orders?

RULES, USE RESTRICTIONS, AND TENANCIES

Are there rules restricting pets?

Are short-term rentals or subletting restricted or prohibited?

MEETINGS, MINUTES, AND RECORDS

Date of Last Annual General Meeting (AGM):   Are minutes and financial statements available for review?

MANAGEMENT AGREEMENTS AND CONTRACTS

DISCLOSURES, CERTIFICATIONS AND REPRESENTATIONS

By executing below, Seller certifies to the best of Seller's knowledge that the information provided in this Body Corporate Disclosure (the Disclosure) is true, complete, and accurate as of the date of signature. Seller acknowledges obligation to disclose known material matters affecting the property and the association, including outstanding levies, special levies, litigation, and building defects.

Buyer acknowledges receipt of this Disclosure prior to or concurrent with the execution of any offer to purchase, and is urged to review association records, minutes, financial statements, insurance policies and any contracts referenced herein. Buyer accepts responsibility to verify all matters disclosed and to conduct independent due diligence.

Seller agrees to indemnify and hold harmless the Buyer for losses directly resulting from Seller's intentional material misrepresentation in this Disclosure. Remedies for material misrepresentation shall include breach remedies available under the purchase agreement and applicable law.

Governing Law: This Disclosure shall be governed by the laws of the jurisdiction in which the property is located. If any provision of this Disclosure is held invalid, the remaining provisions shall continue in full force and effect.

ACKNOWLEDGMENT

The parties acknowledge that this Disclosure is not a substitute for contractual guarantees or warranties in the purchase agreement. The parties further acknowledge that Buyer has the opportunity to inspect records and property and to include contingencies in the purchase agreement.

Seller (Owner) Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

Enter text✕

What the Body Corporate Disclosure Is and When it Applies

A Body Corporate Disclosure is a formal record used to disclose corporate ownership, governance details, and material interests relevant to a transaction or regulatory filing. It commonly summarizes registered corporate name, registered agent, directors and officers, beneficial owners, related entities, and any encumbrances or conflicts of interest that could affect third parties. This disclosure helps counterparties, regulators, and purchasers assess legal relationships and compliance obligations before closing a transaction or executing a contract. Use formal, verified corporate data and current public records when preparing the disclosure.

Why a Clear Body Corporate Disclosure Matters

Accurate disclosure reduces legal ambiguity, supports due diligence, and helps third parties evaluate risk and compliance. It provides a documented record of corporate facts that may be required by counterparties, lenders, or regulators and can limit post-closing disputes when prepared and verified carefully.

Why a Clear Body Corporate Disclosure Matters

Who Typically Prepares and Reviews This Disclosure

The Body Corporate Disclosure is completed by corporate officers, legal counsel, or authorized agents prior to a transaction or filing.

  • Corporate officers and general counsel responsible for corporate governance and disclosures.
  • Registered agents or company secretaries preparing filings with state or federal bodies.
  • Third-party reviewers such as lenders, title agents, and corporate acquirers conducting due diligence.

Outside reviewers typically include buyers, lenders, title companies, and compliance teams who rely on the disclosure for risk assessment.

Essential Sections to Include in a Professional Disclosure

A complete disclosure organizes corporate facts into standard sections so reviewers can find material details quickly and consistently.

Entity Details

Registered legal name, formation jurisdiction, entity type, and state filing number; verifies identity against Secretary of State records.

Registered Agent

Name and official address of the registered agent for service of process and any alternate contact for legal notices.

Ownership

List of shareholders, members, or beneficial owners meeting applicable control thresholds and any controlling interest disclosures.

Officers & Directors

Current officers and directors with titles and business addresses; include effective appointment dates if recently changed.

Encumbrances

Known liens, security interests, judgments, or pending litigation that could affect transferability or valuation.

Conflicts & Related Parties

Transactions with related entities, intercompany balances, and any declared conflicts of interest relevant to the transaction.

Required Data Elements at a Glance

Entity Name: Exact registered name
Formation State: State or jurisdiction
Registration Number: State filing ID
Registered Agent: Agent name and address
Beneficial Owners: Names and ownership %
Encumbrance Status: Liens or judgments

Step-by-Step: How to Complete and Verify the Disclosure

Follow a consistent sequence to assemble accurate information, confirm authority, and retain supporting records for audit.

  • 01
    Gather Records: Collect formation documents and recent statements.
  • 02
    Verify Names: Match names with Secretary of State database.
  • 03
    List Interests: Document beneficial owners and encumbrances.
  • 04
    Sign and Date: Authorized signer executes and dates the form.

How to Configure an Online Completion Workflow

Set up an online workflow that enforces required fields, signer order, and authentication to reduce incomplete submissions.

Field Validation Rules Required fields | Enforce formats and masks
Signing Order Specify signer sequence and role-based order
Authentication Level Email-only, SMS code, or KBA as needed
Document Retention Set automatic archival and export rules
Notification Settings Configure reminders and completion alerts

Typical Routing and Filing Flow

A clear routing path reduces processing time and ensures legal requirements are met prior to final filing or closing.

  • Prepare: Populate disclosure fields and attach supporting records
  • Authenticate: Confirm signer identity and authority
  • Sign: Execute signatures in defined order
  • Distribute: Send copies to counterparties and retain archive

Delivery and Submission Options for the Disclosure

Choose delivery methods that meet authentication and retention requirements for the parties involved.

  • Email Delivery: Simple, good for low-risk transactions
  • Secure Portal: Preferred for sensitive or HIPAA-adjacent data
  • Notarized or RON: Use when statutory notarization is required

Ensure chosen channels support audit trails, download of signed copies, and lawful retention consistent with regulatory obligations.

Common Timing Considerations and Deadlines

Timing depends on the transaction type; prepare disclosures early to avoid closing delays and allow time for reviewer questions.

Provision Upon Request:

Provide disclosure whenever a counterparty expressly requests it

Pre-Closing Requirement:

Deliver before closing when required by contract or lender

Annual Updates:

Update corporate facts annually or when material changes occur

Notarization Timing:

Schedule notarization or RON before submission, if required

Record Retention Start:

Retention clock begins on signing or filing date

Common Mistakes That Cause Delays

  • Using an informal or trade name instead of the registered legal name, which triggers verification requests and slows review.
  • Failing to list beneficial owners or understating ownership percentages, creating follow-up due diligence and potential compliance gaps.
  • Omitting supporting documents such as formation certificates and recent meeting minutes, leading to demands for supplemental evidence.
  • Missing signature authority confirmation — unsigned or improperly signed disclosures often require re-execution and delay transactions.

Key Risks and Legal Consequences of Inaccurate Disclosure

Contract Invalidity: Counterparty may challenge or rescind agreements
Regulatory Exposure: Fines or enforcement actions may follow
Civil Liability: Claims for misrepresentation or fraud
Transaction Delay: Closings may be postponed
Reputational Harm: Trust with partners can be damaged
Tax and Reporting Risks: Potential audit or corrections required

Who Can Sign the Disclosure

Authorized Officer

An officer (CEO, CFO, President) with authority under the company’s governing documents signs corporate disclosures; include title, printed name, and date to evidence authority.

Registered Agent

The registered agent can accept service and provide contact details, but signature authority for corporate disclosures generally resides with an authorized officer or an agent with written delegation.

Practical Examples of How Organizations Use This Disclosure

Real-world examples show how disclosures streamline transactions and reduce follow-up requests.

Tim Martin — Martin Properties

Tim used an electronic disclosure to streamline property purchase closing

  • Saved legal and travel time during remote closings
  • The completed disclosure reduced follow-up questions and helped close the transaction on schedule with verifiable signatures and records.

Brian Fitzgibbons — Optica Ventures LLC

Optica centralized corporate records into a single disclosure template

  • Standardized responses reduced reviewer confusion
  • Centralized disclosure templates made due diligence faster and reduced back-and-forth with counterparties.

Key Milestones from Preparation to Final Archive

Follow these milestones to avoid last-minute issues and ensure signed records are preserved for compliance and audit.

01

Prepare Disclosure

Assemble corporate records and verify official names

02

Obtain Approvals

Internal review and authorized sign-off completed

03

Execute Signatures

Sign electronically or notarize as required

04

Archive Records

Store signed copies and supporting documents securely

eSignature Providers: Pricing and Feature Snapshot

Compare common vendor price points and essential features relevant to executing Body Corporate Disclosures electronically. Pricing reflects typical annual plans and feature availability by vendor.

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 free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium+) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year limit Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About the Body Corporate Disclosure

Answers to common questions about completion, authority, electronic signatures, notarization, and retention for Body Corporate Disclosures.


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