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Legal Wire Fraud Disclosure

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LEGAL WIRE FRAUD DISCLOSURE

This Legal Wire Fraud Disclosure (the "Disclosure") is entered into as of Date: by and between Client Name: with principal address: ("Client"), and Service Provider Name: with principal address: ("Provider").

RECITALS

WHEREAS, the parties anticipate one or more electronic fund transfers by wire or other electronic payment methods (each, a "Wire Transfer") in connection with payments, refunds, disbursements, or other monetary obligations arising from services, contracts, or transactions between the parties; and

WHEREAS, the parties acknowledge that unauthorized changes to wire instructions and certain social engineering schemes have resulted in material losses and that specific verification procedures are necessary to reduce the risk of wire fraud; and

WHEREAS, the parties desire to set forth mandatory verification protocols, representations, and allocation of risk with respect to Wire Transfers to mitigate the risk of fraudulent or misdirected funds.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. DEFINITIONS

1.1 "Authorized Representative" means an individual identified in writing by a party pursuant to Section 3 who is authorized to approve Wire Transfers and to confirm wire instruction changes on that party's behalf.

1.2 "Wire Instructions" mean the complete bank routing information provided in writing for the purpose of effecting a Wire Transfer, including bank name, account name, account number, routing number or SWIFT/BIC, bank address, and any intermediary bank details.

2. DELIVERY AND CONTENT OF WIRE INSTRUCTIONS

2.1 All Wire Instructions must be provided in writing and shall include at minimum: bank name, account name, account number, routing number or SWIFT/BIC, bank address, and beneficiary contact name and telephone number. Example bank name: , Account number: .

2.2 Wire Instructions transmitted by email are deemed received only upon confirmation pursuant to the Verification Procedures set forth in Section 3. Neither party shall rely on a Wire Instruction change unless the requirements of Section 3 are satisfied.

3. VERIFICATION PROCEDURES

3.1 Prior to initiating any Wire Transfer, the sending party must obtain written Wire Instructions and must complete a contemporaneous verification call-back to a pre-established telephone number for the receiving party. The pre-established verification telephone number for Client is and for Provider is .

3.2 The call-back must be made to the pre-established number using a telephone number previously known and recorded by the initiating party. Verification using a telephone number provided by the sender in the same email containing Wire Instructions is insufficient.

3.3 For Wire Transfers in excess of Amount Threshold: , dual authorization is required: one authorized approver from the initiating party and one independent authorized approver from the initiating party who did not originate the payment instruction.

4. AUTHORIZED REPRESENTATIVES

4.1 Each party shall designate not more than five Authorized Representatives in writing by delivering the list to the other party. Designated Authorized Representatives for Client:

5. SUSPECTED FRAUD RESPONSE

5.1 If a party suspects a fraudulent Wire Transfer or unauthorized change to Wire Instructions, that party shall immediately notify the other party and the sending financial institution and shall take reasonable steps to attempt to stop, recall or recover the transfer. Notification to the other party shall be provided no later than twenty-four (24) hours after discovery of the suspected fraud to the contact designated in Section 9.

6. REPRESENTATIONS AND WARRANTIES

6.1 Each party represents and warrants that it has the full right, power and authority to enter into this Disclosure and to perform its obligations hereunder, and that the person executing this Disclosure on its behalf is duly authorized to do so.

6.2 Each party represents that it has implemented reasonable internal controls and employee training designed to detect and prevent wire fraud and social engineering schemes, and that it will follow the Verification Procedures described in Section 3.

7. INDEMNIFICATION

7.1 Each party (an "Indemnifying Party") shall indemnify, defend and hold harmless the other party (an "Indemnified Party") from and against any and all liabilities, losses, damages, claims, demands and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) the Indemnifying Party's breach of its representations, warranties or obligations under this Disclosure; or (b) the Indemnifying Party's failure to comply with the Verification Procedures in Section 3.

8. LIMITATION OF LIABILITY

8.1 EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR A PARTY'S FAILURE TO COMPLY WITH SECTION 3, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS.

8.2 The aggregate liability of either party for direct damages arising from claims related to Wire Transfers shall not exceed the amount of the disputed Wire Transfer unless otherwise agreed in writing.

9. NOTICES

9.1 All notices required or permitted under this Disclosure must be in writing and delivered to the addresses provided below. Notice is effective upon receipt.

10. AMENDMENTS; WAIVER; COUNTERPARTS

10.1 No amendment, modification or waiver of any provision of this Disclosure shall be effective unless in writing and signed by authorized representatives of both parties.

10.2 A waiver by either party of any breach or default shall not operate as a waiver of any other breach or default.

10.3 This Disclosure may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

11.1 Governing Law. This Disclosure shall be governed by and construed in accordance with the laws of the jurisdiction selected by the parties: , without regard to its conflict of law rules.

11.2 Entire Agreement. This Disclosure constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral.

11.3 Severability. If any provision of this Disclosure is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

12. ACKNOWLEDGMENT AND CERTIFICATION

12.1 Each party acknowledges that it has read and understands this Disclosure, that it has had the opportunity to obtain independent legal advice, and that it certifies that the verification procedures described herein shall be followed for all Wire Transfers unless otherwise agreed in a signed writing.

Client acknowledges:   Provider acknowledges:

Client:

By:

Date:

Provider:

By:

Date:

Enter text✕

What the Legal Wire Fraud Disclosure Is and When It Applies

A Legal Wire Fraud Disclosure is a written notice provided to parties involved in a funds transfer that describes the risk of wire fraud, identifies authorized payee and account details, and explains verification procedures. It documents the sender's and recipient's responsibilities for confirming wiring instructions, records who provided instructions, and helps establish a clear audit trail should a dispute or fraud investigation arise. The disclosure is commonly used in real estate closings, corporate treasury operations, and high-value vendor payments to reduce misdirected funds and support evidence preservation.

Why a Wire Fraud Disclosure Matters for Risk Control

A clear disclosure reduces ambiguity about who is responsible for verifying wire instructions and creates a documented verification step that can limit liability and support internal controls. It helps deter interception or impersonation attacks by requiring explicit confirmation steps and contact points before transfers occur.

Why a Wire Fraud Disclosure Matters for Risk Control

Core Elements of a Professional Wire Fraud Disclosure

A complete disclosure combines purpose, verification steps, authorized contacts, scope and limits of liability, recordkeeping, and change-management procedures into a single signed record.

Purpose

State why the disclosure is provided and what types of transfers it covers, including domestic and international wires, ACH, or couriered checks.

Verification Steps

List the exact steps required before sending funds: independent phone verification, confirmed account and routing numbers, and use of previously agreed secure channels.

Authorized Signatories

Identify individuals or roles authorized to approve payments and any dollar thresholds that require additional approval or dual sign-off.

Contact Information

Provide primary and backup contact names, phone numbers, and office hours for verification to reduce delays and enable out-of-band checks.

Liability Limits

Describe which party bears risk for misdirected funds absent fraud by the recipient, and any disclaimers or indemnities the parties agree to.

Change Control

Explain that any change to wiring details requires a signed amendment or in-person verification and list acceptable methods to update instructions.

How to Complete and Sign a Wire Fraud Disclosure

Follow these sequential steps to prepare, verify, and retain the disclosure before any funds transfer is initiated.

  • 01
    Prepare: Populate all required fields with current bank data and contact details.
  • 02
    Verify: Independently call the payee using a validated number to confirm account details.
  • 03
    Sign: All authorized signatories must sign and date the disclosure prior to transfer.
  • 04
    Retain: Store the signed disclosure in the corporate recordkeeping system with an audit trail.

Configuring the Disclosure for Online Completion

Set up a repeatable digital workflow that enforces fields, authentication, and retention before sending wiring instructions.

Field Configuration
Required Fields Mark bank name, routing, account, and contact fields as mandatory.
Authentication Require email confirmation plus SMS or knowledge-based authentication for high-value transfers.
Template Save a template with conditional fields for domestic vs. international wires.
Retention Enable automatic archival and export of the signed disclosure and audit trail.

Where to Send or File the Signed Disclosure

A clear routing plan helps ensure the disclosure is available to all payment approvers and to banks during reconciliation or investigations.

  • Escrow/Closing: Attach to closing files and send to escrow agent before wire execution.
  • Treasury: Place in treasury workflow and link to the AP system record for each payment.
  • Vendor File: Store with the vendor master record and note effective date of instructions.
  • Bank Submission: Provide a copy to the paying bank when requested during a dispute or recall.

Digital Signing and Distribution Considerations

Confirm the platform supports secure signing, authentication, and long-term archival for legal admissibility.

  • Integrations: Salesforce, NetSuite, Microsoft 365 supported
  • Formats: PDF, DOCX, HTML supported
  • Authentication: Email, SMS, KBA, SSO options

Required Security and Compliance Data Elements

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamps, IP, actions recorded
Authentication: Email + optional SMS or KBA
HIPAA BAA: BAA required for PHI workflows
ESIGN / UETA: Meets ESIGN and UETA requirements
21 CFR Part 11: Available where FDA rules apply

Common Mistakes That Increase Wire Fraud Risk

  • Relying solely on email confirmation for new or changed wiring instructions without an independent phone call or known contact verification.
  • Updating bank details via reply email to a requestor without validating the sender's identity through a pre-established channel.
  • Using screen-captured bank details or informal notes rather than the official signed disclosure and approved vendor record.
  • Failing to require dual approvals or dollar thresholds for large transfers, which reduces internal checks and increases exposure.

Consequences of Incomplete or Incorrect Disclosures

Lost Funds: Potential unrecoverable transfer amounts
Bank Liability: Recovery limited without proof of fraud
Contract Breach: Indemnities or damages may apply
Regulatory Risk: Compliance investigations possible
Reputational Harm: Loss of client trust
Legal Costs: Attorney fees and litigation expenses

Timelines and Response Expectations

Establish clear deadlines for verification, notification, and record retention so parties know when actions are required and what evidence must be preserved.

Provide Before Wire:

Deliver the disclosure and obtain signatures before initiating any wired funds transfer.

Verification Window:

Complete independent verification within 24–48 hours of instruction receipt for time-sensitive transfers.

Change Notice:

Require written signed amendment for any change to instructions before the next transfer.

Dispute Notification:

Notify the paying bank immediately upon suspected fraud to maximize recall options.

Record Retention:

Retain the signed disclosure per applicable retention rules noted below.

eSignature Pricing and Feature Snapshot for Wire Disclosure Workflows

Compare starting price and core features relevant to wire disclosure workflows; signNow is listed first per vendor-comparison conventions.

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 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

Real-World Examples of Wire Fraud Disclosures in Use

These brief examples show how organizations apply disclosures in practical workflows to reduce risk and document verification steps.

Brian Fitzgibbons, COO — Optica Ventures LLC

Optica integrated a standard disclosure into closing checklists to confirm payee details.

  • They required independent phone verification for all new accounts.
  • The change improved customer clarity and produced auditable records used to support two successful recovery efforts after misdirected payments.

John Butler, Founder — Fertility Centers of Illinois

The practice added a signed disclosure for third-party lab payments to protect patient funds.

  • The disclosure mandated staff-to-staff verification using pre-existing numbers.
  • This reduced misrouted vendor payments and ensured invoices and wire confirmations matched the signed authorization.

Who Typically Completes a Wire Fraud Disclosure

Assign clear responsibility for preparation, verification, and retention so all parties understand the control points before any funds move.

  • Treasury and AP teams who initiate and approve wires for corporate payments.
  • Escrow officers and closing agents managing property closings and disbursements.
  • Legal or compliance officers reviewing and retaining signatures for audit.
  • Vendors and beneficiaries when providing or changing wiring instructions.

Typical Signers and Their Roles

Closing Agent

A closing agent completes the disclosure for real estate transactions, confirms escrow wiring instructions with title and lender, and stores the signed record with closing documentation to facilitate bank recalls and title insurance claims if fraud occurs.

Treasury Manager

A treasury manager enforces dual-approval controls, validates beneficiary accounts through independent contact channels, and ensures disclosures are archived with payment files to support reconciliation and regulatory reviews.

Frequently Asked Questions About Wire Fraud Disclosures

Answers to common questions about when to use the disclosure, required fields, electronic signing, and what to do if fraud is suspected.


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