Can the statement be e-signed?

Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided the four ESIGN validity elements are met: intent, consent, attribution, and retention.

Is notarization required?

Not generally required for a Business Position Statement itself; notarization may be necessary if the statement substitutes for a sworn affidavit, is recorded, or state-specific formalities apply.

What makes an e-signature legally sufficient?

Show signer intent, obtain consent to conduct business electronically (when consumer-facing), capture attribution, and retain a reproducible record consistent with ESIGN and UETA requirements.

How should supporting exhibits be attached?

Attach exhibits as labeled PDF files or appendices referenced in the facts section, and ensure they are included in the signed package to preserve context and evidentiary value.

Who should sign the statement?

An individual with delegated authority to bind the company — typically an officer or authorized manager. Retain evidence of delegation if needed for third-party reliance.

How long must I keep the signed statement?

Retention depends on the subject matter: at least 3 years for tax documentation (IRC §6501(a)), 6 years for HIPAA-related records (45 CFR §164.530(j)), and longer where industry rules require it.

Electronic Signature
Templates
Miscellaneous
Business Position Statement

Business Position Statement

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

BUSINESS POSITION STATEMENT

This Business Position Statement is submitted on by and between Client Name: and Opposing Party Name: .

Whereas

WHEREAS, Client Name entered into commercial dealings with Opposing Party Name regarding the provision of goods and/or services described herein; and

WHEREAS, a dispute or material disagreement has arisen concerning performance, payment, or the interpretation of contractual obligations; and

WHEREAS, the parties intend to record Client Name's formal business position, proposed resolution, and supporting facts for use in negotiations, administrative review, or potential dispute resolution.

Scope of Work

Scope of Work (describe services, deliverables, and performance standards)

Payment Terms

Total Amount Owed:

Payment Schedule (describe milestones, due dates, and methods)

Late Payment Fee: (applies to amounts not paid within days after due date).

Term and Termination

Agreement Commencement Date: . Agreement End Date (if any): .

Either party may terminate for convenience by providing written notice at least days prior to termination. Termination for material breach is effective immediately if the breaching party fails to cure within days after receipt of written notice specifying the breach.

Confidentiality

Each party shall maintain in strict confidence all non-public, proprietary, or business-sensitive information disclosed in connection with the services and this statement. Confidential information shall not be used except to perform the obligations described herein and shall not be disclosed to third parties without prior written consent, except as required by law. The confidentiality obligations will survive termination of this Statement for a period of years.

Governing Law

This Business Position Statement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

Entire Agreement

This Statement constitutes the entire written expression of Client Name's business position regarding the matters described herein and supersedes all prior oral or written communications on the same subject. No amendment or modification shall be binding unless executed in writing and signed by authorized representatives of the parties.

Position Statement Details

Summary of Facts Business Position (legal and commercial basis for the position) Supporting Evidence (documents, dates, communications) Requested Resolution or Remedy Attachments (list all supporting documents included)

Documents included (check all that apply): Contracts Invoices Correspondence Other

Certification

I certify that the statements contained in this Business Position Statement are true and accurate to the best of my knowledge, and that I am authorized to submit this statement on behalf of the named business entity. I understand that knowingly making a false statement in a business record may expose the signer to civil or criminal liability under applicable law.

Prepared By (Name and Title) Company / Business Address

Party A (Client):

By:

Date:

Party B (Opposing Party):

By:

Date:

What a Business Position Statement Is and When it’s Used

A Business Position Statement is a written declaration that sets out a company’s formal stance on a discrete commercial issue, transaction, or dispute. It summarizes facts, legal or contractual positions, and requested remedies or next steps, and is often used in procurement disputes, contract interpretation, regulatory responses, or vendor negotiations. The document is typically concise, fact-focused, and dated; it may accompany supporting exhibits, be signed by an authorized representative, and form part of an audit or litigation record when retained according to corporate recordkeeping policies.

Why a Clear Position Statement Matters

A focused Business Position Statement clarifies a company’s rights, reduces ambiguity in negotiations, and creates an auditable record for internal and external stakeholders.

Typical Users and Signers

Teams that commonly prepare or sign Business Position Statements include corporate legal, contract managers, procurement leads, and designated senior officers.

In-house Legal teams who draft positions and ensure compliance with statutes and contract clauses.
Procurement and Contracts who supply facts, invoices, and relevant purchase order history.
Finance or Compliance officers who confirm monetary calculations, reserves, or regulatory reporting needs.

Ensure the signatory has delegated authority to bind the company and that internal approval workflows are documented before issuing the statement.

Core Elements to Include in a Professional Statement

A well-structured Business Position Statement contains clear identification, an objective summary, factual timeline, legal or contractual rationale, requested relief, and signature details.

Identification

Company name, document title, date, and contact information for the preparer and primary point of contact for follow-up.

Executive Summary

Two to four concise paragraphs that state the company’s position and the specific outcome sought, enabling quick review by recipients.

Statement of Facts

Chronological facts and references to contracts, purchase orders, invoices, emails, or other exhibits that support the asserted position.

Legal Basis

Reference to controlling contract terms, statutes, or regulations that justify the position; cite specific clauses or statutes where relevant.

Requested Remedy

Clear description of the remedy sought (payment, cure, credit, termination, re-performance) and any proposed deadlines for response.

Authority & Signature

Name, title, signature (wet or electronic), and a statement confirming authority to act for the business.

Step-by-Step: Preparing and Issuing the Statement

Follow these practical steps to assemble, approve, and distribute a Business Position Statement efficiently.

01

Gather Evidence: Collect contracts, invoices, emails, and relevant logs that support the facts.
02

Draft Position: Write a concise statement of facts and legal rationale tied to specific exhibits.
03

Internal Approval: Obtain signatory and legal approvals per corporate delegation of authority.
04

Deliver and Record: Send to intended recipients and retain a copy with audit trail evidence of delivery.

Typical Routing and Distribution Workflow

A predictable routing process reduces delays and creates an auditable trail for future reference.

Draft Owner: Prepares initial draft and assembles exhibits for review.
Legal Review: Legal checks citations, remedy language, and liability exposure.
Approved Signatory: Authorized officer signs and dates the statement.
Recipient Delivery: Statement delivered to vendor, counterparty, regulator, or internal record system.

Sample Digital Workflow Settings for eSubmission

Configure your eDelivery tool to preserve identity, maintain versioning, and capture a complete audit trail.

Field	Configuration
Signer Authentication	Email + SMS code for recipient identity verification
Signature Type	Standard electronic signature with audit trail and timestamp
Document Retention	Store signed PDF/A with audit metadata for retention term
Access Controls	Role-based access and versioning for edits and approvals

Technical Requirements for Secure eSubmission

Choose a platform that captures signer attribution, timestamped audit logs, and tamper-evident signed documents for evidentiary value.

Audit Trail: IP, timestamp, and action log recorded
Document Formats: PDF, DOCX supported for archival
Integrations: CRM and storage connectors available

Preserve original signed files in a controlled repository with restricted access and periodic backups to meet corporate and regulatory retention obligations.

Common Timing Rules and Response Expectations

Set explicit internal deadlines for review and external response windows; note statutory or contract-imposed timelines where applicable.

Internal Drafting Deadline:

Allow 3–7 business days for legal review in standard matters

Counterparty Response Window:

Specify a response period (commonly 10–30 days) in the statement

Regulatory Filing Deadlines:

Comply with any regulator timelines tied to the dispute or notice

Tax Recordkeeping:

Keep records supporting tax positions for at least 3 years (IRC §6501(a))

I-9 Retention Note:

I-9s retained 3 years after hire or 1 year after termination per 8 CFR §274a.2

Common Mistakes to Avoid

Using vague remedy language such as 'appropriate relief' without specifying amounts, deadlines, or actions.
Failing to reference or attach key exhibits (contracts, POs, invoices) that substantiate factual claims.
Letting an unauthorized person sign; absence of delegation of authority can void obligations.
Not preserving an audit trail when sending electronically, which weakens attribution and timing evidence.

Risks and Consequences of Errors in the Statement

Contract Voidability: Incorrect authority can render actions unenforceable

Tax Penalties: Inadequate records may trigger IRS issues; retain 3 years (IRC §6501(a))

I-9 Violations: Errors can trigger DHS fines (8 CFR §274a.2)

HIPAA Exposure: Inadequate safeguards risk HIPAA penalties; BAA required for PHI

Notarization Defects: Improper notarization may impair record acceptance by third parties

Reputational Damage: Inaccurate public positions can harm vendor and customer trust

Practical Tips for Accuracy and Efficiency

Adopt consistent drafting and approval practices to minimize rework and preserve records.

Use a Template

Maintain a standard Business Position Statement template with required headings, signature block, and exhibit references to ensure completeness and speed.

Attach Exhibits

Number and label exhibits clearly (Ex. A, Ex. B) and reference them inline in the facts section to avoid later disputes about what evidence was considered.

Confirm Signatory Authority

Verify delegation of authority in writing and retain documentation of board or executive-level approval where required for high-value or high-risk positions.

Preserve Digital Audit Trails

When using electronic delivery, keep the signed PDF and the platform audit log showing signer identity, timestamps, and delivery receipts for evidentiary support.

Real-World Examples of Business Position Statements

These examples show how organizations frame facts and remedies in practice, and how statements are used in commercial workflows.

Martin Properties — Lease Dispute

The property manager documented late payments and repair delays with dated exhibits and invoices

Requested rent abatement and a 30-day cure period
The concise, signed statement enabled rapid negotiation and produced a written record accepted by both parties and their counsel.

Optica Ventures — Procurement Claim

The COO assembled purchase orders and delivery confirmations to support a claim for nonconforming goods

Sought reimbursement and replacement within 21 days
By attaching clear exhibits and a deadline, the company reduced back-and-forth and achieved a documented settlement.

Comparing eSignature Options for Executing a Business Position Statement

When selecting an eSignature solution, compare pricing models and compliance features that matter for legal validity and records retention.

	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	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 env/user/yr	Varies	Varies	Varies

Frequently Asked Questions About Business Position Statements

Answers to common questions about execution, electronic signing, and recordkeeping for Business Position Statements.

Need help? Contact support

Can the statement be e-signed?
Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided the four ESIGN validity elements are met: intent, consent, attribution, and retention.
Is notarization required?
Not generally required for a Business Position Statement itself; notarization may be necessary if the statement substitutes for a sworn affidavit, is recorded, or state-specific formalities apply.
What makes an e-signature legally sufficient?
Show signer intent, obtain consent to conduct business electronically (when consumer-facing), capture attribution, and retain a reproducible record consistent with ESIGN and UETA requirements.
How should supporting exhibits be attached?
Attach exhibits as labeled PDF files or appendices referenced in the facts section, and ensure they are included in the signed package to preserve context and evidentiary value.
Who should sign the statement?
An individual with delegated authority to bind the company — typically an officer or authorized manager. Retain evidence of delegation if needed for third-party reliance.
How long must I keep the signed statement?
Retention depends on the subject matter: at least 3 years for tax documentation (IRC §6501(a)), 6 years for HIPAA-related records (45 CFR §164.530(j)), and longer where industry rules require it.

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