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M&A Closing Checklist and Signature Tracker

Three registers and five documents that carry every deliverable through signed, authorised, assembled, released and delivered, because a checklist stops at the first one.

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Closing Register

[Transaction]  ·  closing [date]

Every row on a standard checklist reads Executed. These five columns are what Executed is actually made of, and they fail in a fixed order.

DeliverableSignedSigner authorisedCounterparts assembledReleasedDelivered
[the main agreement]YesYes4 of 4YesYes
[an ancillary agreement]YesYes3 of 4NoNo
[an officer certificate]YesOffice vacated before closing1 of 1YesYes
[a share certificate]One officer signatureYes1 of 1YesEmailed. Not a permitted method for this document

Rows three and four both read Executed on any checklist on the market

The third is signed by somebody who stopped holding the office it certifies. The fourth is signed and released and still not delivered, because this category of document is carved out of the electronic delivery rules entirely. Neither is a drafting problem and neither shows up in a status column.

Every bracket fills from your own transaction. Nothing here ships with a deliverable already in it.

Every closing checklist on the market is the same matrix: item, responsible party, cross reference to the agreement section, status. The good ones pull the conditions out of the purchase agreement automatically and attach an owner to each. That work is done, it is done well, and it answers one question: does the document exist. A closing does not turn on whether the document exists. It turns on whether the document binds anybody, and those come apart in five places.

Delivery is the one that surprises people. Delaware treats an electronic transmission as delivered when it enters an information processing system the recipient has designated for receiving transmissions of that type. The same section adds that an acknowledgement from that system establishes receipt, and does not establish that what arrived is what was sent. Confirmed delivered is two facts. Then subsection (b) removes six live categories from the regime entirely, including a document that is part of the stock ledger and a certificate representing a security.

So the two documents that transfer the company are on the carve-out list. Federal law runs the same way: the electronic signature statute does not reach records governed by the Uniform Commercial Code outside Articles 2 and 2A. A share certificate has its own rule, since Delaware wants it signed by any two authorised officers rather than one. This pack sits after the data room work and after the records count, on the day itself.

Nineteen deliverables, four that are signed and not binding, and one that closes in the wrong order

The Closing Register, the release instruction, and the delivery method table behind every row.

Northgate Diagnostics Holdings / Calder Bioanalytics, Inc.  ·  stock purchase  ·  closing 14 March

Closing Register

Illustrative rows for a fictional transaction. Nine of nineteen deliverables shown, chosen because each one fails at a different column.

Deliverable§SignedSigner authorisedAssembledReleasedDelivered
Stock Purchase Agreementn/aYesYes6 of 6YesYes
Seller officer's certificate7.2(d)YesSigned by the CFO who resigned 28 Feb1 of 1YesYes
Share certificates for 4,000,000 shares2.3(a)One officer signatureYesn/aYesSent as PDF. Original endorsed certificate required
Transition Services Agreement7.2(h)YesYes3 of 4. Calder Europe Ltd not returnedNoNo
Payoff letter and lien releases7.2(f)YesYes2 of 2On wire receiptSequenced after funds
Landlord consent, Fremont facility7.2(c)YesSigned by a property manager. No authority evidence1 of 1YesYes
Escrow Agreement2.6YesYes3 of 3YesYes
Certificate of amendment, Delaware7.2(j)YesYes1 of 1YesFiled 14 Mar 16:42. Effective on filing
Resignations of the four directors7.2(e)3 of 4Yesn/aNoNo

The two nobody would find by reading the documents

Row two is signed by a person who no longer holds the office the certificate speaks from. The certificate says the chief financial officer certifies the representations are true as of closing. The chief financial officer resigned two weeks earlier and the successor was appointed on 3 March. Nothing about the document looks wrong, and the signature block is the only place the defect exists.

Row six is signed by somebody with no evidenced authority. A property manager at a managing agent is not obviously the landlord, and a consent from the wrong entity is the same as no consent. Authority evidence is a column, not an assumption.

And one that is simply in the wrong order

Row eight was filed before the funds moved. A certificate of amendment is effective on filing, so the corporate change happened while the payoff was still conditional. Nothing broke, and the sequence on the release instruction said the opposite.

Rows four and nine are the ordinary ones: a counterpart nobody chased and a resignation nobody collected. They are on the sheet because they are what actually delays closings.

Release instruction, 14 March

Signature pages held to the order of the signing party. Nothing attaches to anything until this sequence runs.

StepWho authorisesAgainst which versionConditionTimeState
1. Confirm final versions circulatedBoth counselExecution copies, hash recordedNone09:00Done
2. Seller releases its pagesNamed partner, seller counselExecution copies as circulated at 09:00Buyer pages received in escrow10:30Done
3. Buyer releases its pagesNamed partner, buyer counselExecution copies as circulated at 09:00Seller release received10:32Done
4. Pages attached, documents dated 14 MarchBuyer counsel as coordinatorSame versionsBoth releases given10:45Done
5. Wire initiatedBuyerFunds flow v4Documents dated and delivered11:15Done
6. Payoff letters released on wire confirmationLenderPayoff letters as attachedWire reference confirmed13:40Done
7. Certificate of amendment filedSeller counselAs approvedStep 6 complete16:42Filed at 11:58, before step 6
8. Share certificates endorsed and handed overCertificates 14 to 17Step 5 completen/aPDF sent. Originals by courier, arriving 16 Mar

What a release authority has to name

Who is giving it, what they are releasing, and which version it attaches to. A release given against "the final documents" when three versions circulated that morning is an authority nobody can reconstruct. Recording the version each release attached to is a two-minute discipline that answers a question people ask years later.

The order is a substantive term, not administration

Step 7 happening before step 6 means a corporate change took effect while the debt was still outstanding. Effective on filing is a real time, and the sequence exists because several of these steps cannot be undone. This is why release is a column on the register and a table of its own.

Delivery method by document

Whether an emailed PDF did anything is a question with three different answers, and the document decides.

DocumentElectronic signature and delivery reach it?WhyMethod used
Stock Purchase AgreementYesOrdinary commercial contract. Signed and delivered electronically to the notice addressEmail to the notice address in section 10.4
Escrow AgreementYesSame. Agent's designated address for transmissions of this typeEmail to the agent's transaction inbox
Share certificates 14 to 17NoA certificate representing a security is outside the electronic signature and delivery provisionsPDF emailed. Endorsed originals by courier
Stock ledger entriesNoA document comprising part of the stock ledger is outside the same provisionsLedger updated in the cap table platform. Signed ledger page pending
Certificate of amendmentNoA document filed with the Secretary of State is outside them, and the state's own filing rules govern insteadFiled through the state's system
Waiver of notice of the 1 March board meetingNoA document the corporate statute, the charter or the bylaws expressly calls a notice or a waiver of notice is outside themSigned originals collected with the consent
Notice of termination, distribution agreementDifferent questionA commercial contract notice is not a corporate document at all. Its own notices clause governs and clause 14 is stricter than the statuteEmailed. Clause 14 requires courier with written receipt
Security agreement and UCC-1Federally, noThe federal electronic signature statute does not reach records governed by the Uniform Commercial Code outside Articles 2 and 2AElectronic. State adoption of the uniform electronic transactions act relied on

Two signatures, not one

A Delaware stock certificate is signed by or in the name of the corporation by any two authorised officers. One signature is the most common defect on a share certificate and it is invisible on any register that records the certificate as delivered. Facsimile signatures are permitted, and an officer who ceased to hold office after signing does not invalidate the certificate, so the fix is nearly always cheap if somebody looks.

The notice carve-out is narrower than it looks, and the clause is not

The statutory exclusion reaches documents the corporate statute, the certificate of incorporation or the bylaws expressly call a notice or a waiver of notice. A termination notice under a commercial agreement is a separate question with its own answer, because that agreement's notices clause governs the form and is routinely stricter than email.

What's in the pack

01

Closing Register

One row per deliverable carried through signed, signer authorised, counterparts assembled, released and delivered, with the agreement section that creates it.

02

Signature Authority Register

One row per signature block: the entity's exact legal name, the office, the document proving the signer holds it on the closing date, and how many signatures the document needs.

03

Release and Delivery Log

Who authorised each release, which version it attached to, the time it was given, and the method each document was actually delivered by.

04

Closing Checklist

The deliverable list itself, grouped by owner and cross referenced to the agreement, ready to circulate to the other side.

05

Signature Page Packet

One packet per signing party, with every page they touch in one place and the two-signature documents flagged before anybody chases a signer twice.

06

Escrow and Release Instruction

The sequence, with who authorises each step, the condition it waits on, and the version each release attaches to.

07

Closing Certificate

The officer's certificate, written so the office it speaks from is the office the signer holds on the day rather than the day it was drafted.

08

Signed Is Not Closed

The method doc: the five states, the delivery carve-outs, and why the order of the release sequence is a substantive term.

How to use it

  1. 1

    Open in River, or take it blank

    Open the pack in River and send the executed agreement, or download the Word documents and CSV sheets from the template library and fill them in.

  2. 2

    Register every deliverable

    One row per document the agreement requires, with its section, its owner, and all five state columns empty until a real document fills them.

  3. 3

    Check the blocks first

    Legal names, offices held on the closing date, signature counts and delivery methods, before a single page goes out for signature.

  4. 4

    Run the sequence

    Release against a named version, in the recorded order, logging who authorised what and when. Then close the record the same day.

Frequently asked questions

Is this template free?

Yes. The zip is Word documents and CSV sheets, no account and no card. Edit with AI is the other half: the agent pulls every deliverable out of the agreement, builds the signature blocks, and flags the ones that cannot be delivered by email. Other packs sit in the template library.

What format are the downloaded files?

Word (.docx) for the five documents and CSV (.csv) for the three registers, zipped together. Excel, Numbers and Google Sheets open the registers straight off the download, and the checklist, packet, instruction and certificate open in Word or Pages.

How is this different from a closing checklist?

A checklist has one status column and this has five. Signed, signer authorised, counterparts assembled, released and delivered fail separately, and a deliverable that is signed by the wrong officer or delivered in the wrong form reads as Executed on every checklist on the market.

Does it work for deals outside Delaware?

Yes. Delaware publishes the clearest text and most targets are incorporated there, so the mechanics are written to it. Every state has a signature standard, a delivery standard and a list of documents the electronic rules do not reach, and the registers hold whichever ones govern your deal.

Why track which version a release attached to?

Because three versions circulate on a closing morning and a release given against the final documents is an authority nobody can reconstruct. Recording the version takes two minutes on the day and answers the only question anybody asks about the closing years later.

Does it handle the funds flow?

It sequences against it. The release instruction records which steps wait on the wire and which the wire waits on, because several of them cannot be undone. The flow of funds itself stays where it lives, with the numbers the deal team owns.

What happens after closing?

The register becomes the record. Every row carries who signed, under what authority, released by whom against which version, and delivered how. That is the file a records review reads later, and building it afterwards from an email thread is the expensive way.

Close on documents that bind

Take the Word documents and CSV sheets blank, or open this exact pack in River and send it the executed agreement.

Edit with AI