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Legal ASIC Statement

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LEGAL ASIC STATEMENT

This Legal ASIC Statement is made on by Declarant Name: (Position/Office: ) for and on behalf of Company Name: , ACN/ABN: , ASIC File Number: , Registered Office:

RECITALS

WHEREAS the Declarant is a duly appointed officer or authorised agent of the Company and is empowered under the Company's constitution and applicable law to make this statement to the Australian Securities and Investments Commission (ASIC) for the purpose of notifying or confirming the matters set out in this Statement.

WHEREAS the facts and particulars set out in this Statement and any attachments are provided for the purposes of statutory lodgement, record amendment or formal confirmation and are true and correct as at .

WHEREAS the Company requires a formal signed statement that such facts are accurate, and the Declarant acknowledges the legal consequences of making a false or misleading statement to ASIC.

NOW, THEREFORE, in consideration of the matters recited above, the Declarant makes the following statements, warranties and acknowledgements:

1. STATEMENT OF FACTS

The Declarant certifies that the facts set out below are true, complete and accurate to the best of the Declarant's knowledge and belief. The Declarant attaches or lists any documents relied upon beneath and confirms those documents form part of this Statement.

2. AUTHORITY AND CAPACITY

The Declarant warrants that at the time of signing this Statement the Declarant holds the office specified above and has the authority to make this Statement and to supply the documents and information referred to herein for the purposes stated.

Entity capacity (tick applicable):

3. ACKNOWLEDGEMENTS AND LEGAL CONSEQUENCES

The Declarant acknowledges that knowingly or recklessly providing false or misleading information or documents in this Statement may give rise to civil and criminal liability under applicable corporations and statutory laws. The Declarant confirms that the information contained in this Statement is provided for the purposes of lodgement, record amendment or official confirmation and may be relied upon by the Company and regulatory authorities.

4. INDEMNITY

The Declarant indemnifies and agrees to hold harmless the Company and its officers from and against any loss, liability, cost or expense arising directly from any breach of the warranties in this Statement, including but not limited to claims resulting from inaccurate or incomplete information provided by the Declarant.

5. CONFIDENTIALITY AND PUBLIC RECORD

The Declarant acknowledges that the information contained in this Statement may become part of the public records maintained by regulatory authorities. To the extent permitted by law, the Company and the Declarant will keep confidential any information expressly identified as confidential at the time of lodgement.

6. NOTICES

All notices, requests or other communications required or permitted under this Statement must be in writing and delivered to the addresses set out below.

7. AMENDMENTS AND WAIVER

No amendment, modification or waiver of any provision of this Statement is effective unless made in writing and signed by both the Company and the Declarant. No failure or delay by a party in exercising a right under this Statement shall operate as a waiver of that right.

8. GOVERNING LAW

This Statement is governed by and must be construed in accordance with the laws of and the parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

9. ENTIRE AGREEMENT

This Statement constitutes the entire agreement between the parties with respect to the subject matter of this Statement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties.

10. SEVERABILITY

If any provision of this Statement is held to be illegal, invalid or unenforceable in whole or in part, the remaining provisions will continue in full force and effect.

11. COUNTERPARTS

This Statement may be executed in counterparts and may be delivered by electronic transmission. Each counterpart constitutes an original instrument but all counterparts together constitute one and the same instrument.

EXECUTION

The undersigned declare that they have read and understood the contents of this Statement and that the information provided is true and correct. The parties execute this Statement on the dates set out below.

Company:

By:

Date:

Declarant:

By:

Date:

Enter text✕

What the Legal ASIC Statement Is and When It’s Used

A Legal ASIC Statement is a formal written declaration by an authorized signatory that confirms identity, corporate authority, and specific facts required by a counterparty or regulator. It typically lists the signatory’s full legal name, official title, corporate identifiers, and a certification of authority to bind the entity. Organizations use this statement for KYC checkpoints, contract execution, cross-border transactions, vendor onboarding, and regulatory filings where counterparties require documented evidence of signatory authority. The statement can be executed electronically when the underlying transaction permits electronic signatures under U.S. law.

Why a Clear Legal ASIC Statement Matters

A concise ASIC Statement reduces onboarding friction, documents authority for counterparties, and provides an auditable record of who committed the organization to obligations. It clarifies identity and avoids downstream disputes about contract validity.

Why a Clear Legal ASIC Statement Matters

Typical Users and Situations for Filing a Legal ASIC Statement

Organizations and individuals request and complete ASIC Statements when a transaction or regulator requires verified signatory authority.

  • Corporate legal teams conducting contract execution and signature verification
  • Banks and compliance officers for KYC and account opening checks
  • Real estate and escrow agents verifying authorized signers for closings

The document is also used by vendors, government contractors, and international counterparties that require a formal certification of signing authority before releasing funds or executing agreements.

Core Elements to Include in a Professional ASIC Statement

A complete statement should be structured, unambiguous, and supported by identification or corporate records to allow third parties to rely on the certification.

Signatory Identity

Full legal name, government ID reference, contact information, and any professional credentials that verify the signer.

Authority Clause

Clear language stating the signer’s capacity to bind the entity, including corporate role and citation to governing documents when applicable.

Company Details

Registered business name, state of formation, registration or EIN number, and principal place of business.

Certification Language

A short sworn or certified statement attesting to accuracy, often signed under penalty of perjury where required.

Supporting Attachments

Attach articles of incorporation, corporate resolution, power of attorney, or ID copies to substantiate authority.

Signature Block

Signed and dated signature block including printed name, title, date, and any notary or witness information when required.

Key Required Data Fields and Security Indicators

Full Legal Name: As on government ID
Title / Role: Corporate title and scope
Entity Identifier: EIN or state registration
Execution Date: MM/DD/YYYY format
Supporting ID: Passport or driver’s license
Data Security: TLS 1.2/1.3; AES-256 at rest

Step-by-Step: Filling and Finalizing the ASIC Statement

Follow these ordered steps to prepare, verify, and execute a legally usable statement.

  • 01
    Prepare Documents: Gather corporate records and ID copies
  • 02
    Complete Fields: Enter required data and attach files
  • 03
    Verify Authority: Confirm signer is authorized per corporate documents
  • 04
    Sign and Notarize: Execute signature and obtain notarization if needed

Where to Send or File the Completed Statement

Routing depends on the recipient’s requirements; common destinations include counterparties, escrow agents, and internal compliance teams.

  • Counterparty: Deliver signed statement to the contracting party
  • Escrow Agent: Provide to escrow for closing verification
  • Regulator: File with regulator when requested in regulatory matters
  • Internal Records: Save in corporate compliance repository

Digital Workflow Settings to Use When eSubmitting

Configure the signing workflow to match authentication and retention requirements before distribution.

Field Configuration
Authentication Email link or SMS code
Conditional Fields Show supporting ID only when required
Audit Trail Enable full timestamps and IP logging
Retention Set document retention per policy

Technical Considerations for eSubmission and Storage

Ensure the chosen digital platform supports required authentication, formats, and retention policies before sending.

  • signNow: Integrations with Salesforce, NetSuite, Microsoft 365
  • File Formats: PDF, DOCX, HTML, Excel supported
  • Security: SOC 2, ISO 27001, AES-256 encryption

Configure platform-level audit trails and retention settings to meet legal and internal compliance requirements; preserve copies in a secure records system.

Typical Timing and Response Expectations

Expect requests for an ASIC Statement to be time-sensitive; set internal SLAs to avoid contract hold-ups or regulatory delays.

On Request:

Provide statement immediately when requested

Internal Review:

Allow 2–5 business days for legal review

Notarization Booking:

Schedule notary within 1–7 days

eSubmission Confirmation:

Expect signed copy within 24–48 hours

Retention Start:

Retention begins on execution date

Key Processing Milestones for an ASIC Statement

A sequential milestone view clarifies responsibilities from preparation through final filing.

01

Drafting

Prepare statement language and attachments

02

Internal Approval

Legal or compliance signs off on content

03

Execution

Authorized signer signs and dates

04

Submission

Send to requesting party and archive copy

Common Preparation Errors to Avoid

  • Submitting a statement with a name that does not match government ID causes verification failure and delays.
  • Omitting the corporate resolution or power of attorney that evidences authority often triggers an additional document request.
  • Using vague authority language instead of a precise role citation invites refusal by counterparties or escrow agents.
  • Signing before notarization when a notary is required can render the statement noncompliant for its intended use.

Potential Legal and Financial Risks

Backup Withholding: 24% if TIN missing
Contract Invalidity: Agreement risk if signer lacks authority
Regulatory Fines: Penalties for false corporate filings
Notarization Failure: Document may be rejected
Data Exposure: Improper storage risks breach
Fraud Liability: Civil/criminal exposure possible

How a Legal ASIC Statement Compares to a Standard Signatory Letter

Comparing document features helps determine which form best meets a counterparty’s verification needs.

Criteria ASIC Statement Signatory Letter
Formality higher lower
Supporting Docs attached required often optional
Notarization often required rarely required
Use Case regulatory/escrow general contracting

eSignature Provider Comparison for Executing the ASIC Statement

Select an eSignature vendor that meets authentication, notarization, and retention needs; pricing and features vary by plan and 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, no CC Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA required) Varies by plan Varies by plan Varies by plan Varies by plan
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Troubleshooting

Answers to common questions about signing, notarization, electronic submission, and recordkeeping for an ASIC Statement.


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