Is an e-signature valid?

Yes, electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and state UETA laws when intent, consent, attribution, and record retention standards are met.

When is notarization required?

Notarization is required when state law or the parties’ transaction creates an instrument needing acknowledgement or when property interests will be recorded; requirements vary by jurisdiction.

Can I change the agreement after signing?

Amendments require the procedure specified in the agreement—typically written consent and signatures of authorized parties; unilateral modifications are not enforceable absent express authority.

How do I revoke a co-management role?

Revocation follows terms in the agreement, such as notice periods or cause provisions; immediate removal may require court or arbitration if the other party disputes the action.

How should executed documents be stored?

Retain signed originals and tamper-evident PDFs with full audit trails in secure storage; preserve copies per applicable retention schedules and regulatory requirements.

What if names or signatures don’t match?

Mismatched names or improper authorization can render the agreement unenforceable; correct errors by mutual written amendment and re-execution to maintain legal certainty.

Electronic Signature
Templates
Legal
Co-Managing Agreement

Co-Managing Agreement

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CO-MANAGING AGREEMENT

This Co-Managing Agreement (the Agreement) is made and entered into as of Effective Date: by and between Party A Name: , Entity Type: Individual Corporation LLC Principal Address: and Party B Name: , Entity Type: Individual Corporation LLC Principal Address: (each a Party and together the Parties).

RECITALS

WHEREAS, Party A and Party B jointly own, operate or have mutual interest in the business, property or project described as Subject Matter: ; and

WHEREAS, the Parties desire to set forth the respective duties, authorities, compensation, and terms under which they will co-manage the Subject Matter on the terms and conditions set forth in this Agreement; and

WHEREAS, each Party represents that it has the power and authority to enter into this Agreement and to perform the obligations herein.

NOW, THEREFORE

In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. APPOINTMENT; SCOPE OF CO-MANAGEMENT

1.1 Appointment. Party A hereby appoints Party B, and Party B accepts appointment, to act as a co-manager with Party A for the management, operation, oversight and administration of the Subject Matter on the terms and conditions set forth in this Agreement. Each Party shall perform duties as set forth in Section 2.

1.2 Scope. The co-management duties shall include, without limitation, day-to-day operations, vendor engagement, financial oversight, compliance with laws and regulations, tenant or customer relations, budgeting, and recordkeeping as further described in this Agreement and any Exhibits attached hereto.

2. DUTIES AND RESPONSIBILITIES

2.1 Specific Duties. Each Party shall perform the duties allocated to it as follows:

(a) Party A responsibilities:

(b) Party B responsibilities:

2.2 Standard of Care. Each Party shall act in good faith, with due care and in the best interests of the co-managed Subject Matter. Each Party shall exercise such skill and diligence as is customary in the industry for similar matters.

3. AUTHORITY AND LIMITATIONS

3.1 Authority. Except as limited in this Agreement, either Party may undertake routine management actions in furtherance of the co-management duties. Actions outside the ordinary course or any commitment exceeding Approved Expenditure Limit: require prior written consent of the other Party.

3.2 Contracts. Execution of contracts binding the Parties or Subject Matter in excess of the Approved Expenditure Limit requires joint written authorization signed by both Parties.

4. COMPENSATION; EXPENSES; ACCOUNTING

4.1 Compensation. As compensation for co-management services, Party B shall be paid Compensation Type: of Amount or Rate: , payable on Payment Schedule: .

4.2 Reimbursement of Expenses. The Parties shall reimburse each other for reasonable, documented expenses incurred in connection with the co-management of the Subject Matter subject to any approval requirements set forth in Section 3.

4.3 Books and Records. Accurate books, accounts and records shall be maintained and retained for a period of at least and made available for inspection by either Party upon reasonable notice.

5. CONFIDENTIALITY

5.1 Confidential Information. Each Party acknowledges that in the course of performance it may receive confidential, proprietary or trade secret information. Such Confidential Information shall not be disclosed to third parties and shall be used only for the purposes of performing this Agreement, except as required by law.

5.2 Exclusions. Confidential Information does not include information that is or becomes publicly available through no breach by the receiving Party, or that is independently developed or rightfully received from a third party without restriction.

6. INSURANCE; INDEMNIFICATION

6.1 Insurance. Each Party shall maintain insurance policies appropriate to its activities under this Agreement, including commercial general liability and, where applicable, professional liability and workers' compensation insurance with limits customary for the industry.

6.2 Indemnification. Each Party (Indemnitor) shall indemnify, defend and hold harmless the other Party (Indemnitee) from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of the Indemnitor's gross negligence, willful misconduct or material breach of this Agreement.

7. TERM; TERMINATION

7.1 Term. This Agreement shall commence on the Effective Date and shall continue for an initial term of unless earlier terminated in accordance with this Section.

7.2 Termination for Cause. Either Party may terminate this Agreement upon written notice if the other Party materially breaches any provision of this Agreement and fails to cure such breach within after receipt of written notice.

7.3 Termination without Cause. Either Party may terminate this Agreement without cause upon prior written notice to the other Party.

8. NOTICES

All notices, requests, demands and other communications required or permitted under this Agreement shall be given in writing to the Parties at their respective addresses set forth below or to such other address as either Party may designate by notice to the other pursuant to this Section:

Notice Address for Party A Notice Address for Party B

9. AMENDMENT; WAIVER; COUNTERPARTS

9.1 Amendment. This Agreement may be amended or modified only by a written instrument executed by both Parties.

9.2 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom the waiver is asserted. The waiver of any breach shall not constitute a waiver of any other or subsequent breach.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures transmitted by electronic means (including scanned or facsimile copies) shall be binding.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State or jurisdiction specified as Governing Jurisdiction: without regard to its conflicts of law principles.

10.2 Entire Agreement. This Agreement, together with any schedules or exhibits hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral.

10.3 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and the Parties shall negotiate in good faith to replace the invalid provision with a valid provision that most nearly effects the Parties' intent.

11. MISCELLANEOUS PROVISIONS

11.1 Independent Contractors. The Parties are independent contractors and nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship other than the limited co-management obligations expressly set forth herein.

11.2 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns, provided that neither Party may assign its obligations under this Agreement without the prior written consent of the other Party.

Additional Terms or Special Instructions

Party A:

By:

Date:

Party B:

By:

Date:

What a Co-Managing Agreement Covers

A Co-Managing Agreement is a written contract that sets out how two or more parties will share management duties, responsibilities, and decision-making authority for a common asset or enterprise. Typical uses include jointly managed rental properties, co-managed investment vehicles, or collaborative business ventures where partners split operational duties, revenue sharing, and liability. The agreement clarifies roles, scope of authority, reporting obligations, dispute resolution procedures, termination rights, and transition plans so that day-to-day management and strategic choices are handled according to a pre-agreed framework.

Why a Clear Co-Managing Agreement Matters

A clear Co-Managing Agreement reduces disputes, allocates risk, and documents decision authority. It preserves business continuity by defining escalation, voting thresholds, and exit mechanics, and it supports enforceability when signed under e-signature laws such as ESIGN and state UETA statutes.

Who Typically Uses a Co-Managing Agreement

Co-managing arrangements span small business partners, real estate co-owners, and investment co-managers who need written rules for shared operations.

Real estate investors sharing property management and rental revenue, needing operational rules and liability allocation.
Small business co-founders splitting operational duties, financial oversight, and strategic decisions across functional areas.
Investment managers or fund co-managers coordinating reporting, fee allocation, and client-facing responsibilities.

Well-drafted agreements benefit internal teams and external stakeholders by clarifying responsibility and demonstrating documented authority.

Core Elements to Include in a Co-Managing Agreement

A complete agreement addresses governance, duties, financial arrangements, reporting, dispute resolution, and termination mechanics to limit ambiguity and enforce expectations among co-managers.

Authority

Specify delegated powers, daily decision rights, and any actions that require unanimous or majority approval to prevent unauthorized commitments.

Duties

List operational responsibilities, maintenance obligations, tenant relations (for real estate), and compliance tasks with measurable delivery expectations.

Compensation

Define fee structures, profit share formulas, expense allocation, reimbursement procedures, and timing of distributions to participants.

Reporting

Establish financial and operational reporting cadence, required records, access rights, and audit or inspection provisions.

Dispute Resolution

Designate negotiation steps, mediation or arbitration requirements, and governing law to streamline conflict management.

Exit & Succession

Set buyout formulas, transfer restrictions, notice periods, and procedures for replacement managers or dissolution events.

How to Complete the Agreement — Step by Step

Follow these sequential steps to prepare, review, and finalize a legally sound Co-Managing Agreement.

01

Draft: Populate core fields and roles clearly.
02

Review: Have counsel check liabilities and tax effects.
03

Agree: Circulate to parties for approvals and edits.
04

Sign: Execute with authorized signatures and date stamps.

Customize the Online Workflow

Configure the signing flow and authentication settings to match the agreement's legal and operational needs.

Field	Configuration
Signer Authentication	Email link, SMS code, or KBA depending on risk profile
Conditional Fields	Show or hide sections based on checkbox or role fields
Reminder Schedule	Set automated reminders and expiration for unsigned invites
Integrations	Enable CRM or document storage connections for archiving

Where to Send and File the Final Agreement

Decide routing and retention destinations before signing to ensure copies reach all stakeholders and local registries if recording is required.

Primary Parties: Each party retains an executed copy for corporate and tax records.
Registered Agent: File with entity records if management changes require filings.
County Recorder: Record only if the agreement creates or modifies an interest in real property.
Document Repository: Store an archival PDF in secure cloud storage and backup.

Technical Considerations for eSigning and eSubmission

Match authentication strength and storage options to the document's risk profile before inviting signatures.

File Formats: PDF, DOCX, and fillable forms supported
Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
Authentication: Email, SMS, KBA, or advanced signer verification

Common Timing and Deadline Points

Track signature windows, notice periods, and any recording or tax reporting deadlines tied to co-management events.

Execution Deadline:

Set a signing cutoff date when parties must complete execution.

Notice Periods:

Termination or withdrawal often requires 30–90 days written notice.

Filing or Recording:

If recorded, follow county recorder timing and fee schedules.

Tax Reporting:

Ensure tax roles are clear for year‑end reporting and 1099s where applicable.

Contract Renewals:

Specify notice windows for renewal or renegotiation.

Key Processing Milestones

Monitor these sequential milestones from draft to archived record to keep the co-management relationship compliant and operational.

01

Initial Draft

Prepare core terms and circulate for comments.

02

Legal Review

Obtain counsel input on liability and tax treatment.

03

Signing Window

Collect signed copies within the agreed timeframe.

04

Archival

Store executed PDF with audit trail and backups.

Common Preparation Pitfalls

Using ambiguous role descriptions that leave room for differing operational interpretations between parties.
Failing to document decision thresholds, which leads to disputes over who may bind the enterprise for significant actions.
Omitting payee or distribution mechanics, causing delays and disagreement during revenue disbursement events.
Neglecting signature authority or corporate approval steps, which can make the agreement unenforceable against third parties.

Legal and Financial Risks to Watch For

Invalid Signature: Risk of unenforceability if e-signature criteria are unmet.

Tax Exposure: Misallocated income or incorrect reporting can trigger IRS adjustments or penalties.

Breach Liability: Failure to follow duties may result in damages or injunctive relief.

Recording Omissions: If recording is required and omitted, third-party priority could be affected.

Dispute Costs: Unclear exit terms often increase litigation or arbitration expense.

Data Privacy: Inadequate protections can violate HIPAA or other privacy rules when applicable.

eSignature Pricing and Feature Comparison

Comparison of base pricing and common feature availability for popular eSignature vendors. signNow is listed first per standard vendor ordering.

	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	Yes, 7-day trial	Varies	Varies	Varies	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	Varies	Varies

FAQs — Common Questions About Co-Managing Agreements

Answers to frequent questions about signing, enforceability, notarization, modifications, and storage for co-managing arrangements.

Need help? Contact support

Is an e-signature valid?
Yes, electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and state UETA laws when intent, consent, attribution, and record retention standards are met.
When is notarization required?
Notarization is required when state law or the parties’ transaction creates an instrument needing acknowledgement or when property interests will be recorded; requirements vary by jurisdiction.
Can I change the agreement after signing?
Amendments require the procedure specified in the agreement—typically written consent and signatures of authorized parties; unilateral modifications are not enforceable absent express authority.
How do I revoke a co-management role?
Revocation follows terms in the agreement, such as notice periods or cause provisions; immediate removal may require court or arbitration if the other party disputes the action.
How should executed documents be stored?
Retain signed originals and tamper-evident PDFs with full audit trails in secure storage; preserve copies per applicable retention schedules and regulatory requirements.
What if names or signatures don’t match?
Mismatched names or improper authorization can render the agreement unenforceable; correct errors by mutual written amendment and re-execution to maintain legal certainty.

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