Are electronic acknowledgements legally binding?

Yes; electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. §7001) and state UETA statutes in most jurisdictions, provided intent, consent, attribution, and retrievability are present.

Is a notarized signature required?

Most non-coordination policies do not require notarization. Notarization may be recommended for high‑risk matters or where corporate bylaws demand affirmative proof of signature.

How do I prove an employee signed the policy?

Capture signer identity, timestamp, IP address, and an audit trail. Stronger authentication (SMS code, MFA) improves attribution and evidentiary value.

Can the policy be updated after signatures are collected?

Yes; issue an amended policy and collect new acknowledgements. Maintain version history and retain prior signed copies for compliance and disputes.

How long should I keep signed acknowledgements?

Retain records for the active period plus an appropriate post‑termination window; follow IRS and industry retention rules such as IRC §6501(a) and 45 CFR §164.530(j) where applicable.

What if an employee refuses to sign?

Document the refusal, follow disciplinary or remediation procedures consistent with employment policy, and consult legal counsel before taking adverse action to avoid wrongful termination risk.

Electronic Signature
Templates
Miscellaneous
Business Non-Coordination Policy

Business Non-Coordination Policy

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

Business Non-Coordination Policy

Company Name: Company Address: Counterparty Name: Counterparty Address:

This Business Non-Coordination Policy (the Policy) is made as of by and between Company Name: and Counterparty Name: .

RECITALS

WHEREAS, each party conducts business in overlapping markets and may receive opportunities to compete for the same contracts, customers, or projects; and

WHEREAS, the parties desire to establish binding rules that prohibit coordination of competitive conduct, the sharing of competitively sensitive information, or any action that would unreasonably restrict independent commercial decision-making between them;

WHEREAS, the parties intend that this Policy govern the parties' conduct with respect to competitive bidding, pricing, client solicitation, and related business activities to avoid anticompetitive coordination while preserving lawful cooperation only as expressly permitted herein.

SCOPE OF WORK

The parties acknowledge that this Policy applies to all activities that might result in coordination of market behavior, including but not limited to joint bidding, price signaling, allocation of customers or territories, coordinated refusals to deal, exchange of non-public pricing or cost data, and other conduct that would impair independent competitive decision-making.

Scope — Describe prohibited coordination and permitted exceptions:

NON-COORDINATION OBLIGATIONS

1. Prohibition: Each party shall refrain from any agreement, express or tacit, oral or written, with the other party that would: (a) fix, stabilize, or set prices, price components, discounts, or bidding strategies; (b) allocate markets, customers, products, projects or territories; (c) coordinate bids, proposals, or responses to requests for proposals; or (d) exchange non-public, competitively sensitive information concerning prices, costs, margins, bids or strategic plans.

2. Permitted Activities: The foregoing prohibitions shall not apply to activities expressly agreed in writing and approved in advance by authorized representatives of both parties, or to communications necessary to perform a documented joint venture, subcontract, or compliance with law provided such communications are narrowly tailored and documented in writing.

Exceptions — If any, describe authorized coordination (if none, leave blank):

PAYMENT TERMS

As consideration for implementation, monitoring, and recordkeeping obligations under this Policy, the parties agree as follows.

Consideration Amount (if applicable): Payment Schedule / Due Dates: Late Fee / Interest on Overdue Amounts:

All payments shall be due as set forth above. Failure to pay amounts due constitutes a material breach and entitles the non-breaching party to suspend obligations under this Policy and pursue remedies at law or in equity.

TERM AND TERMINATION

This Policy commences on and continues in full force until , unless earlier terminated pursuant to this section.

Notice Period for Termination (number of days):

Either party may terminate this Policy for material breach if the breaching party fails to cure the breach within the notice period specified above. Termination shall be without prejudice to accrued rights and remedies.

CONFIDENTIALITY

Each party shall keep confidential all non-public information disclosed in connection with this Policy that is designated 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 excludes information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure as established by written records; (c) is rightfully received from a third party without breach of obligation of confidentiality; or (d) is independently developed without use of the disclosing party's Confidential Information.

Upon termination of this Policy, the receiving party shall promptly return or destroy Confidential Information and certify in writing that such return or destruction has occurred, except to the extent retention is required by applicable law, in which case the receiving party shall continue to treat retained materials as Confidential Information.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Policy constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment or modification of this Policy must be in writing and signed by authorized representatives of both parties.

If any provision of this Policy is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby, and the parties shall endeavor in good faith to replace the invalid provision with a valid provision that most nearly accomplishes the original intent.

Company Name:

By:

Date:

Counterparty Name:

By:

Date:

What a Business Non-Coordination Policy Is

A Business Non-Coordination Policy is an internal agreement or company policy that restricts or clarifies whether and how employees, contractors, or business units may coordinate with competitors, third parties, or across divisions on specified commercial activities. It defines prohibited coordination, permitted interactions, approval channels, and monitoring procedures to reduce legal, compliance, and reputational risk for the organization. The policy can be a stand-alone document or part of broader competition, antitrust, or ethics policies and is typically reviewed by legal and compliance teams before adoption and distribution to affected personnel.

Why a Clear Policy Matters for Your Organization

A clear Business Non-Coordination Policy reduces legal exposure, aligns employee conduct with regulatory obligations, and documents the company’s approach to competitive interactions under U.S. law.

Who Typically Prepares and Signs This Policy

Organizations adopt non-coordination policies when they need documented internal controls over competitive conduct and intercompany communications.

In-house legal and compliance teams responsible for regulatory risk and policy drafting.
Human resources and people managers who distribute policies and collect acknowledgements.
Senior leadership and board members who approve policy scope and enforcement measures.

Use a coordinated review process—legal draft, HR distribution, and signatory acknowledgement—to ensure consistent application across business units.

Core Components of a Professional Non-Coordination Policy

A complete policy balances clear prohibitions with practical guidance and defined approval paths; below are the essential sections to include.

Purpose

Explain why non-coordination rules exist, the legal and ethical rationale, and the policy’s scope so readers understand when the policy applies and to whom.

Prohibited Conduct

List specific coordination behaviors that are forbidden (price discussions, bid rigging, market allocation) and provide concrete examples to reduce ambiguity.

Permitted Activities

Describe allowed interactions such as public industry events, regulatory filings, or customer negotiations and the conditions or approvals required for them.

Approval Process

Define the steps, approvers, and documentation required to obtain an exception or waiver, including timelines and recordkeeping responsibilities.

Reporting & Enforcement

Set out how employees report potential violations, investigative steps, disciplinary consequences, and how confidentiality is maintained.

Acknowledgement

Include a signature and acknowledgement section for employees or contractors confirming they read, understood, and will comply with the policy terms.

Essential Data Elements to Capture

Policy Title: Business Non-Coordination Policy

Effective Date: MM/DD/YYYY

Covered Parties: Employees, contractors, vendors

Duration: Temporary or ongoing

Approving Authority: General counsel or compliance lead

Signature Block: Name, title, and date

Step-by-Step: Prepare and Execute the Policy

Follow these sequential steps to draft, approve, distribute, and collect acknowledgements for a Business Non-Coordination Policy.

01

Draft Policy: Draft with legal and compliance input, including examples and scope.
02

Obtain Approval: Secure sign-off from counsel and senior management before release.
03

Distribute: Share to affected parties with clear instructions and deadlines.
04

Collect Signatures: Record acknowledgements via signed document or electronic acknowledgement.

Configure an eSignature Workflow for This Policy

Set up a simple digital workflow that routes the policy from legal through approvers to employees for acknowledgement and keeps an audit trail.

Field	Configuration
Authentication Method	Email link with optional SMS code
Signature Field	Required signer signature and date
Routing Order	Sequential: Legal → HR → Employee
Audit Evidence	Capture IP, timestamp, and completion certificate

Technical Considerations for Digital Completion

Choose a platform that supports secure audit trails, appropriate signer authentication, and record retention consistent with your compliance needs.

Authentication: Email, SMS, or stronger MFA options
Integrations: Connectors for HR and document storage
File Formats: PDF and DOCX supported

Ensure the platform you select can meet regulatory requirements (ESIGN/UETA) and your internal retention rules, and confirm available integrations with HR, GRC, or document management systems.

Typical Timelines and Deadlines

Establish clear target dates for review, distribution, acknowledgement, and periodic re‑certification of the policy.

Policy Approval Deadline:

Allow at least two weeks for legal and executive review

Initial Distribution:

Release to covered parties within 7 business days after approval

Acknowledgement Window:

Require signed acknowledgement within 14–30 days of distribution

Annual Review:

Reassess policy language and enforcement annually

Exception Tracking:

Log and review any approved waivers immediately upon issuance

Common Preparation Errors to Avoid

Vague scope language that fails to specify who or what activities are covered, creating enforcement and compliance gaps.
Failing to document approvals or waivers, which can leave the organization exposed during an investigation or audit.
Using informal acknowledgements without a clear signature block or audit trail, weakening proof of consent and intent to comply.
Not aligning the policy with other corporate documents (NDAs, competition policies, vendor agreements), causing conflicting obligations.

Potential Risks of an Inadequate Policy

Regulatory Exposure: Antitrust investigations or fines

Contractual Liability: Void or unenforceable provisions

Operational Confusion: Inconsistent conduct across teams

Reputational Harm: Public scrutiny or client loss

Evidence Gaps: Missing acknowledgements in audits

Disciplinary Risk: Unclear enforcement leads to uneven discipline

eSignature Pricing and Feature Comparison

Comparison of baseline pricing and common feature availability across major eSignature providers; signNow is listed first for reference.

	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	Vendor trial varies	Vendor trial varies	Vendor trial varies	Vendor trial varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

FAQs and Troubleshooting

Answers to common questions about enforceability, eSignature use, notarization, revisions, and recordkeeping for a Business Non-Coordination Policy.

Need help? Contact support

Are electronic acknowledgements legally binding?
Yes; electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. §7001) and state UETA statutes in most jurisdictions, provided intent, consent, attribution, and retrievability are present.
Is a notarized signature required?
Most non-coordination policies do not require notarization. Notarization may be recommended for high‑risk matters or where corporate bylaws demand affirmative proof of signature.
How do I prove an employee signed the policy?
Capture signer identity, timestamp, IP address, and an audit trail. Stronger authentication (SMS code, MFA) improves attribution and evidentiary value.
Can the policy be updated after signatures are collected?
Yes; issue an amended policy and collect new acknowledgements. Maintain version history and retain prior signed copies for compliance and disputes.
How long should I keep signed acknowledgements?
Retain records for the active period plus an appropriate post‑termination window; follow IRS and industry retention rules such as IRC §6501(a) and 45 CFR §164.530(j) where applicable.
What if an employee refuses to sign?
Document the refusal, follow disciplinary or remediation procedures consistent with employment policy, and consult legal counsel before taking adverse action to avoid wrongful termination risk.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now