When is notarization required?

Notarization depends on the underlying instrument and state law; real estate deeds and certain conveyances typically require a notary acknowledgement, while other agreements do not. Verify state notary and recording requirements before finalizing.

What level of authentication is adequate?

Adequate authentication varies by risk: email link or SMS may be sufficient for low-risk settlements, while KBA, SSO, or multi-factor authentication is advisable for higher-value or regulated transactions and for FDA or controlled records under 21 CFR Part 11.

How long must signed documents be retained?

Retention depends on the record type: follow IRS minimums (generally 3 years, IRC §6501(a)), HIPAA six-year rules (45 CFR §164.530(j)), and any industry or state mandates — longer retention may be required for tax or real estate records.

What common errors cause rejections?

Typical problems include mismatched legal names or TINs, missing effective dates, absent audit trails, unsigned exhibits, and inadequate signer authorization; each can delay payment, trigger withholding, or reduce enforceability.

Can I use Remote Online Notarization (RON)?

Many states permit RON subject to identity proofing, audio-video recording, and retention rules; RON requirements and permanence vary by jurisdiction, so verify state notary commission guidance before relying on RON for recordable instruments.

Business ETS Document

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BUSINESS ETS DOCUMENT

Parties

Client Name:

Client Address

Provider Name:

Provider Address

Recitals

WHEREAS, Client desires to engage Provider to perform certain business services and technical support as further described below; and

WHEREAS, Provider represents that it has the expertise, personnel, and facilities necessary to perform such services under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend by this Agreement to set forth the scope, compensation, confidentiality obligations, term, and other material terms governing their relationship.

Scope of Work

Services to be Provided

Provider shall perform the services in a professional and workmanlike manner in accordance with generally accepted industry standards. Deliverables, milestones, and acceptance criteria shall be as described in the Scope of Work and any appendices executed by the parties.

Payment Terms

Total Contract Amount:

Payment Schedule

Invoices shall be submitted by Provider to Client in accordance with the Payment Schedule. Unless otherwise stated, Client shall pay properly submitted invoices within days of receipt.

Late Payment: Any overdue amount shall accrue interest at the rate of (or the maximum permitted by law, if lower). Client shall also be responsible for reasonable collection costs.

Term and Termination

This Agreement commences on the Start Date: and shall continue until the End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate immediately for material breach if the breach is not cured within thirty (30) days after written notice of such breach.

Upon termination, Provider shall deliver all completed work and invoices for work performed through the effective date of termination. Client shall pay all undisputed amounts owing for services performed prior to termination.

Confidentiality

Each party (the "Receiving Party") shall maintain in confidence all nonpublic information disclosed by the other party (the "Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information shall not include information that is publicly available through no fault of the Receiving Party, independently developed without use of the Disclosing Party's Confidential Information, or lawfully obtained from a third party.

The Receiving Party shall use Confidential Information solely to perform its obligations under this Agreement and shall not disclose Confidential Information to any third party except to its employees, contractors, or advisors on a need-to-know basis who are bound by confidentiality obligations no less protective than those herein.

Confidentiality Term

Representations; Warranties; Indemnity

Each party represents and warrants that it has the full right, power, and authority to enter into this Agreement. Provider warrants that services will be performed in a professional manner consistent with industry standards. Provider's sole and exclusive remedy for Client's breach of warranty shall be re-performance of the nonconforming services or, if Provider cannot re-perform, a refund of fees attributable to such nonconforming services.

Each party shall indemnify, defend, and hold the other harmless from claims arising out of its gross negligence, willful misconduct, or material breach of this Agreement, subject to limitations of liability set forth in any separate addendum executed by the parties.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict-of-law principles. The parties shall first attempt to resolve any dispute amicably through good faith negotiation. If unresolved, disputes shall be resolved in the courts located in the governing state.

Entire Agreement; Amendments

This Agreement, together with any schedules or appendices expressly incorporated herein, constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. No amendment to this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Acknowledgements

The undersigned represent and warrant that they are authorized to enter into this Agreement on behalf of their respective parties and that the information provided in this document is true and correct.

Confidentiality Acknowledgement: I acknowledge and agree to the confidentiality provisions of this Agreement.

Client:

By:

Date:

Provider:

By:

Date:

What the Business ETS Document Is and when it applies

The Business ETS Document is a standardized corporate form used to record and confirm electronic transaction settlements between two or more commercial parties. It captures essential deal terms including legal parties, effective date, payment amounts, deliverables, and dispute resolution provisions to create a durable record for accounting and legal review. When completed correctly it functions as an enforceable agreement under U.S. electronic-signature law, provided parties demonstrate intent, consent, attribution, and retention consistent with ESIGN and UETA.

Why a clear Business ETS Document matters

A Business ETS Document clarifies obligations, preserves a time-stamped record of transaction terms, and reduces disputes. It streamlines approvals, provides an audit trail for compliance with ESIGN and UETA, and simplifies downstream accounting and regulatory reporting requirements.

Who typically prepares and signs this document

Typical users include finance, legal, procurement teams, and external vendors who manage electronic settlement and reconciliation workflows.

Corporate finance teams reconciling payments and maintaining audit-ready settlement records.
Legal and compliance groups reviewing contract terms, retention, and consumer-disclosure obligations under ESIGN.
Vendors and partners signing electronically for faster invoicing and proof of delivery.

Both small business operators and enterprise teams use the document to reduce manual processes, enforce standard terms, and support digital audits.

Essential elements to include in each Business ETS Document

Core elements help you standardize settlement terms, capture signatures, and maintain an auditable trail compatible with common eSignature and recordkeeping requirements.

Parties

List each contracting entity with full legal name, entity type, and authorized representative contact details to ensure clear attribution and enforceability.

Transaction Details

Describe goods or services, payment amount and currency, invoice references, delivery milestones, acceptance criteria, and any conditional settlement terms.

Effective Date

Specify the effective date using MM/DD/YYYY and state whether obligations begin on signature, delivery, or another contract milestone.

Signature Blocks

Provide signer name, title, signature and date fields for each party; include witness or notary blocks where state rules require them.

Audit Trail

Record timestamps, IP addresses, authentication method, and a completion certificate to evidence intent, consent, and attribution.

Attachments

Attach invoices, statements of work, delivery receipts, and exhibits to make the settlement record self-contained and auditable.

Step-by-step: completing and executing the Business ETS Document

Follow these sequential steps to complete and execute a Business ETS Document correctly and reduce common processing errors.

01

Prepare Document: Collect deal terms, invoices, and exhibits.
02

Add Parties: Enter legal names and contact emails.
03

Place Fields: Add signature, date, and conditional fields.
04

Send to Signers: Choose authentication method and send.

Typical eSigning workflow from upload to storage

A typical electronic routing and signing workflow moves the document from upload through authentication, signing, and secure archival.

Upload Document: Upload PDF or DOCX into the signing platform.
Configure Fields: Place signature, initial, and conditional fields.
Authenticate Signer: Use email link, SMS code, or stronger options.
Complete Audit: Platform captures timestamps, IP, and a completion certificate.

Key workflow settings to configure before sending

Configure the online workflow to match internal approval chains, signature order, and retention policies prior to sending documents for signature.

Field	Configuration
Signature Order	Sequential or parallel per policy
Authentication Level	Email, SMS code, KBA, or SSO
Auto Reminders	Enable daily reminders until signed
Retention Setting	Export and archive signed PDFs automatically

Technical capabilities to check in your signing platform

Choose a platform that supports standard file formats, robust audit trails, and integrations with your existing systems.

File Formats: PDF, DOCX, XLSX supported
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS, SSO, advanced options

Comparing common eSignature plans for Business ETS Document workflows

Core plan and feature differences that commonly affect high-volume settlement workflows; signNow appears first in the vendor comparison per platform alignment.

	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 plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes	Yes	No	No

Time-sensitive milestones to track with the document

Identify key dates such as payment due dates, dispute windows, reporting deadlines, and notarization timing to avoid compliance gaps.

Payment Due Date:

As stated in Payment Terms; common options include Due on Receipt or Net 30.

Dispute Window:

Submit claims within 30 days of invoice receipt to preserve remedies and accelerate resolution.

Tax Reporting:

If the settlement triggers 1099 reporting, issue forms by Jan 31 per IRS filing rules.

Retention Start:

Retention begins on the effective date or final payment, per the organization’s retention policy.

Notarization Timing:

Obtain notarization or RON before recording or filing where state law requires such acknowledgement.

Common preparation errors to avoid

Using informal or abbreviated corporate names causes TIN mismatches, bank transfer failures, and delays in payment reconciliation.
Failing to capture a complete audit trail or skipping signer authentication weakens enforceability under ESIGN and UETA.
Vague payment clauses, omitted effective dates, or unclear acceptance criteria commonly produce disputes over deadlines and interest calculations.
Attaching unsigned exhibits or inconsistent invoice references delays reconciliation and may trigger contractual breach claims.

Potential penalties and legal risks from errors

Tax Penalties: 1099 failures can incur $60–$330 per form under IRC §6721.

Backup Withholding: Incorrect TIN can trigger 24% backup withholding.

I-9 Violations: I-9 paperwork fines range $281–$2,789 per violation.

Contract Breach: Monetary damages or interest as specified by contract provisions.

Notary Defect: Missing or defective notarization may invalidate recorded instruments.

Reputational Risk: Delayed settlements can harm supplier relationships and future terms.

Security and compliance controls to require

Encryption (in transit): TLS 1.2 and TLS 1.3 protocols for data in transit.

Encryption (at rest): AES-256 encryption for stored documents and keys.

Certifications: SOC 2 Type II and ISO 27001 security attestations.

HIPAA Support: Business Associate Agreement (BAA) available for covered entities.

Regulatory Coverage: Compliance with ESIGN, UETA, and 21 CFR Part 11 where required.

Accessibility: WCAG 2.0 Level AA accessibility compliance.

Real examples of how organizations use this document

Two customer examples illustrate common use cases for standardizing settlement and remote closing workflows.

Optica Ventures — COO

Optica Ventures used the Business ETS Document to standardize vendor settlements across multiple portfolios and reduce signature friction for customers.

Result: faster execution and fewer manual corrections.
Brian Fitzgibbons, COO at Optica Ventures LLC, said: 'The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.' The firm saw smoother reconciliation and faster cash application.

Martin Properties — Founder

Martin Properties adopted the Business ETS Document for lease and closing settlements to support remote signing and compliance.

Result: end-to-end online execution and compliance.
Tim Martin, Founder of Martin Properties, noted: 'I can process and execute all of these documents online with 100% compliance and built-in security.' The team reduced in-person closings and improved turnaround time.

Frequently asked questions and troubleshooting

Answers to six common questions about completing, signing, notarizing, and storing the Business ETS Document in U.S. contexts.

Need help? Contact support

Can this document be e-signed?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws when parties demonstrate intent, consent, attribution, and reliable record retention; certain exceptions like wills or court filings may still prohibit e-signing.
When is notarization required?
Notarization depends on the underlying instrument and state law; real estate deeds and certain conveyances typically require a notary acknowledgement, while other agreements do not. Verify state notary and recording requirements before finalizing.
What level of authentication is adequate?
Adequate authentication varies by risk: email link or SMS may be sufficient for low-risk settlements, while KBA, SSO, or multi-factor authentication is advisable for higher-value or regulated transactions and for FDA or controlled records under 21 CFR Part 11.
How long must signed documents be retained?
Retention depends on the record type: follow IRS minimums (generally 3 years, IRC §6501(a)), HIPAA six-year rules (45 CFR §164.530(j)), and any industry or state mandates — longer retention may be required for tax or real estate records.
What common errors cause rejections?
Typical problems include mismatched legal names or TINs, missing effective dates, absent audit trails, unsigned exhibits, and inadequate signer authorization; each can delay payment, trigger withholding, or reduce enforceability.
Can I use Remote Online Notarization (RON)?
Many states permit RON subject to identity proofing, audio-video recording, and retention rules; RON requirements and permanence vary by jurisdiction, so verify state notary commission guidance before relying on RON for recordable instruments.

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