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Miscellaneous Form ER-39

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MISCELLANEOUS FORM ER-39

This General Business Agreement ("Agreement") is entered into as of Effective Date: between Party A Name: and Party B Name: .

RECITALS

WHEREAS, Party A is engaged in the business of providing goods and/or services described herein and possesses experience, personnel and resources necessary to perform the obligations set forth; and

WHEREAS, Party B desires to retain Party A to perform certain services on the terms and conditions set forth in this Agreement and Party A is willing to perform such services for Party B; and

WHEREAS, the parties desire to set forth their respective rights and obligations in writing.

SCOPE OF WORK

PAYMENT TERMS

Invoices shall be issued in accordance with the Payment Schedule. Payments are due within days of invoice receipt. Late payments shall bear interest at the rate of per month (or the maximum permitted by law, if less). In addition to interest, the paying party shall be responsible for reasonable collection costs, including attorneys' fees, if any.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the effective date of termination. Either party may terminate for material breach if the breaching party fails to cure the breach within 30 days after receipt of written notice specifying the breach. Termination shall not relieve either party of obligations accrued prior to the effective date of termination.

CONFIDENTIALITY

"Confidential Information" means all non-public information disclosed by a disclosing party to the receiving party that is designated as confidential or that, under the circumstances of disclosure, ought reasonably to be treated as confidential. Confidential Information does not include information that: (a) is or becomes generally available to the public other than as a result of a breach of this Agreement; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is received by the receiving party from a third party without breach of any obligation of confidentiality; or (d) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

The receiving party shall (i) hold Confidential Information in strict confidence, (ii) use Confidential Information solely to perform its obligations under this Agreement, and (iii) not disclose Confidential Information to any third party except to employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein. The obligations of confidentiality shall survive termination of this Agreement for a period of years from the date of disclosure.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties shall attempt in good faith to resolve disputes arising under this Agreement through negotiation. If the parties cannot resolve a dispute within 30 days, either party may pursue any remedy available at law or in equity in a court of competent jurisdiction located in the governing state.

MISCELLANEOUS

Assignment: Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, except that either party may assign this Agreement in connection with a merger, acquisition or sale of substantially all its assets.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.

ENTIRE AGREEMENT

This Agreement, together with any exhibits or schedules expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations, representations and communications, whether oral or written. No amendment to this Agreement shall be effective unless in writing and signed by both parties.

Party A:

By:

Date:

Party B:

By:

Date:

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What the Miscellaneous Form ER-39 Is and when it’s used

The Miscellaneous Form ER-39 is an administrative, catch-all form used to capture supplemental information, amendments, or ad hoc declarations that do not fit standard form templates. Organizations commonly use ER-39 to document corrections, attach supporting notes, or record one-off approvals tied to an existing record. Where permitted by contract and statute, an ER-39 can be executed electronically; validity relies on meeting federal and state e-signature tests such as the ESIGN Act (15 U.S.C. ch. 96) and applicable state UETA provisions.

Why properly preparing an ER-39 matters

A clearly completed ER-39 reduces processing delays, prevents ambiguity in downstream actions, and helps ensure consistent recordkeeping across teams and systems.

Why properly preparing an ER-39 matters

Who commonly completes or signs ER-39 records

ER-39 is typically completed by administrative staff, compliance teams, or supervising officers who need to record supplemental details against a primary record.

  • Administrative clerks and records teams: prepare filings, attach supporting exhibits, and route ER-39 for approval across departments.
  • Supervisors and contract managers: authenticate changes to scope, approvals, and one-off exceptions that require a formal record.
  • External parties and vendors: sign only when ER-39 modifies obligations or confirms acceptance of a specific adjustment.

Signers may include internal approvers, external vendors, or clients depending on the form’s purpose and the organization’s authorization matrix.

Step-by-step: completing and signing an ER-39

Use this sequential checklist to prepare, validate, and execute ER-39 with minimal rework and clear auditability.

  • 01
    Prepare document: Populate all identifying fields and reference the primary record.
  • 02
    Attach evidence: Upload supporting files and list attachments in the form.
  • 03
    Validate internally: Have authorized approvers confirm accuracy before routing to signer.
  • 04
    Obtain signature: Use a compliant eSignature workflow or notarization as required.

Typical routing and submission flow for ER-39

ER-39 often travels through the same approval chain as the primary record; this arrow-style overview shows who usually touches the form and when.

  • Initiator: Prepares ER-39 and attaches supporting documents.
  • Reviewer: Checks completeness and compliance with policy.
  • Approver: Provides formal sign-off or requests revision.
  • Signer: Executes signature; system captures audit trail.

Configuring an electronic ER-39 workflow

Set up fields, recipient order, and authentication to match internal controls and legal requirements.

Field Configuration
Signature Field Required; visible and date-stamped
Attachments Optional; permit PDF uploads only
Routing Order Sequential reviewer → approver → signer
Authentication Email + optional SMS or ID verification

Technical considerations for eSubmission and storage

Choose a platform that supports secure upload, audit trails, and compliant signer authentication to meet recordkeeping requirements.

  • File formats: PDF and DOCX accepted
  • Integrations: Salesforce, NetSuite, Microsoft 365
  • Authentication: Email, SMS, KBA options

eSignature vendor comparison for executing ER-39

Compare common platform features and starting prices to match security, compliance, and volume needs when eSigning ER-39 documents.

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

Security and compliance controls relevant to ER-39

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Detailed timestamp and IP logs preserved
HIPAA BAA: BAA available for protected health information
21 CFR Part 11: Support for FDA-regulated electronic records
SOC 2: SOC 2 Type II certification available
Access Controls: Role-based permissions and SSO/SAML

Common legal and administrative risks for ER-39

Misidentified Parties: Creates unenforceability risk
Missing Reference: Record may be disconnected
Incorrect Date: Statute timing and obligations affected
Unauthenticated Signature: Signature may be challenged
Incomplete Attachments: Inhibits verification of changes
Noncompliant Retention: Regulatory penalties or discovery issues

Time-sensitive filing and processing expectations

Certain ER-39 submissions may be time-sensitive; confirm deadlines tied to the underlying record or governing statute.

W-9 / Tax Requests:

Provide upon payer request; no fixed IRS deadline

1099-NEC:

Recipient and IRS deadline: January 31

1099-MISC Paper:

Paper filing to IRS: February 28

1099-MISC Electronic:

Electronic filing to IRS: March 31

Individual Tax Return:

Form 1040 due April 15 (extension to Oct 15)

Frequent preparation mistakes to avoid

  • Failing to reference the primary record causes processing delays and duplicate entries that require manual reconciliation.
  • Using ambiguous descriptions instead of precise change language leads to disputes about the intended modification or obligation.
  • Skipping attachment uploads or misnaming files breaks the audit trail and forces requestors to re-submit supporting evidence.
  • Applying initials where full signatures are required can render the ER-39 noncompliant with internal or external rules.

Who typically signs or approves an ER-39

Payroll Manager

A payroll manager uses ER-39 to document retroactive pay adjustments or tax-related corrections. They ensure the form references the payroll period, attaches payroll reports, and secures required approvals before submission to finance.

Real Estate Agent

A real estate agent completes ER-39 to add supplemental disclosures or corrections to a property file. They must attach supporting inspections or disclosures and obtain required witness or notary steps per state rules.

Real examples: how organizations use ER-39

These brief case notes show how different organizations applied a miscellaneous form like ER-39 in real operational contexts.

Optica Ventures (Brian Fitzgibbons)

Optica used ER-39 to attach supplemental investor acknowledgements to a funding record

  • The team routed the form electronically for signatures
  • The standardized form reduced back-and-forth and ensured each amendment linked cleanly to the original agreement, simplifying audits and investor reporting.

Martin Properties (Tim Martin)

A property manager used ER-39 to record a one-time lease concession

  • The concession required tenant and manager signatures
  • The completed, time-stamped ER-39 was preserved with the lease record and eliminated confusion during tenant move-out accounting.

How ER-39 differs from other supplemental documents

ER-39 serves as a generic supplemental record; the table below contrasts it with two related document types to clarify purpose and requirements.

Criteria Misc ER-39 Amendment Addendum
Purpose catch-all supplemental specific contractual change
Formality lower formality higher formality
Notarization sometimes required often required
Use case administrative notes contract modifications

Key processing milestones for an ER-39 lifecycle

Track these sequential stages to move ER-39 from preparation to final archived record without bottlenecks.

01

Submission

Initiator completes ER-39 and attaches supporting documents for routing.

02

Review

Reviewer validates references, required fields, and attachments for completeness.

03

Authentication

Signer authentication and notarization occur if mandated by policy or state law.

04

Archival

Final document stored with the primary record and retention label applied.

FAQs and troubleshooting for Miscellaneous Form ER-39

Answers to common questions about completing, signing, and storing ER-39 to help avoid rework and compliance issues.


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