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Non Performance Statement

Use a Non Performance Statement template to make your document workflow more streamlined.

What a non performance statement means

A Non Performance Statement records that a person or organization did not perform an agreed obligation, service, or requirement. It identifies the relevant transaction, describes the missed performance, and creates a dated record for review, notice, or dispute handling. The document is not a universal government form, so its required fields depend on the underlying contract, policy, or business process. With signNow, the completed statement can be uploaded, fields can be placed, signatures can be requested, and the final record can be retained with an audit trail.

Key features of a non performance statement

A well-prepared Non Performance Statement connects the missed obligation to evidence, review, signatures, and a retrievable record.

Structured record

Capture the specific obligation, missed action, relevant dates, and supporting details in one structured Non Performance Statement for consistent review.

Clear routing

Route the statement to the responsible party or internal reviewer, reducing delays when documenting a missed contractual or operational requirement.

Electronic signatures

Collect signatures electronically when the parties consent, preserving signer intent and transaction evidence under ESIGN and applicable UETA rules.

Evidence attachments

Attach supporting files, correspondence, or notices so reviewers can evaluate the Non Performance Statement alongside the underlying evidence.

Audit trail

Use an audit trail to show signing events, timestamps, signer activity, and document history when the statement becomes disputed.

Secure record

Store the completed statement with controlled access and a retrievable final copy for contract administration, compliance, or legal review.

Who uses this statement and why

Contract administration

Contract administrators can document a supplier’s missed delivery, incomplete service, or unmet milestone, then route the statement with the underlying agreement and supporting correspondence.

Business operations

Operations, legal, and compliance teams can record a missed internal requirement, obtain review signatures, and preserve the final statement for a dispute or corrective-action file.

How a non performance statement works

The signNow workflow turns the statement into a controlled record without changing the underlying facts or contractual obligation.

  • Upload records: Upload the Non Performance Statement and supporting evidence.
  • Add fields: Place text, date, initials, and signature fields.
  • Route document: Send the statement to designated reviewers or signers.
  • Store record: Complete signatures and retain the final audit trail.
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Steps to complete this statement

Prepare the facts first, then use signNow to create a reviewable and auditable Non Performance Statement.

  • Upload document:

    Upload the completed statement and related evidence.
  • Review fields:

    Use auto-detected fields, then verify every field.
  • Assign recipient:

    Add the intended signer or reviewer.
  • Complete record:

    Send, sign, and download the completed record.

What the audit trail records

The audit trail documents the signing event separately from the factual allegations in the Non Performance Statement.

01

Authenticate signer:

Confirms the signer through the selected delivery or authentication method.
02

Capture timestamp:

Records when each signing action occurred.
03

Hash document:

Associates the signed file with document integrity data.
04

Seal record:

Preserves changes and signing events as document history.
05

Log activity:

Records IP address and signer actions when captured.
06

Export evidence:

Allows retrieval of the completed document and audit trail.

Recommended workflow setup

Use a controlled signNow workflow that separates factual preparation, review, signature, and record retention.

SettingRecommendation
Authentication methodEmail delivery with SMS verification
Signature typeTyped or drawn electronic signature
Audit trail and encryptionRetain audit trail with encrypted records
Document retentionFollow the underlying contract or industry rule
User provisioningAssign controlled roles to authorized reviewers

Privacy and disclosure challenges

  • A statement may expose names, contract terms, payment details, or performance evidence to recipients who do not need access.
  • A signer may receive the document without a clear electronic-record consent disclosure when the transaction involves a consumer.
  • Shared links or broad permissions can allow an unintended person to view, alter, or sign the statement.
  • Unattached emails, delivery records, or contract excerpts can make the missed-performance allegation difficult to evaluate later.

Risks of incomplete documentation

Notice evidence

Weakened proof of notice

Factual dispute

Contract dispute over facts

Signer attribution

Missing signer attribution

Evidence gap

Incomplete supporting records

Legal standing and evidentiary value

A Non Performance Statement can support a U.S. business record when it accurately identifies the obligation, preserves evidence, and shows signer intent, consent, attribution, and reproducibility under ESIGN and applicable UETA rules. ESIGN exceptions include wills, codicils, testamentary trusts, court orders, and certain family-law documents.

Why teams look for DocuSign alternatives

Best practices for this statement

Accurate facts, linked evidence, controlled access, and an exported audit trail make the statement easier to review and defend.

Describe the missed obligation

State the obligation, source document, relevant dates, and exact missed performance without conclusions that the evidence cannot support.

Attach supporting evidence

Attach the contract, notice, delivery record, correspondence, or other evidence directly related to the stated nonperformance.

Export and restrict records

Export the completed statement and audit trail after signing, then restrict access to personnel handling the contract or dispute.

Apply the correct retention rule

Retain the record according to the underlying business or industry rule; HIPAA records require six years under 45 CFR §164.530(j).

Troubleshooting a non performance statement

Resolve these specific issues before sending a Non Performance Statement for review or signature.

The Business plan includes legally binding eSignatures, templates, audit trails, mobile apps, ISO 27001, SOC 2, and GDPR features. Confirm that the signers consent to electronic records and that the statement contains the underlying obligation and missed-performance facts.

A missing audit trail can weaken proof of who signed and when. In signNow, complete the signing workflow and retain the certificate of completion and final document. ESIGN and UETA evaluate intent, attribution, consent, and record reproducibility.

SignNow’s verified pricing includes $8/user/month for Business with annual billing and a 7-day free trial without a credit card. The statement itself has no universal federal filing fee or filing deadline because it is not a standardized federal form.

If the statement contains protected health information, HIPAA compliance requires a Business Associate Agreement and appropriate safeguards. SignNow identifies HIPAA compliance as requiring a BAA; do not send PHI until the required agreement and workflow controls are in place.

Typed, drawn, or click-to-sign methods can evidence intent when properly associated with the record. For a consumer-facing transaction, ESIGN’s 15 U.S.C. §7001(c) consumer-disclosure requirements may apply, including access and paper-record information.

Business Premium is listed at $15/user/month annually and includes bulk send. That feature helps when sending substantially similar statements to multiple recipients, but each statement should still contain accurate party-specific facts and supporting evidence.

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