What is Disclosure Statement?
Explanation
In simple terms, disclosure indicates explaining or making information public to others. So, the disclosure statement could be a written or a verbal statement delineating various information required or supposed to be expressed. But, in general, parlance refers to a document issued by an organization stating different facts and terms. For instance, if a financial transaction takes place with an organization and people at large, there are many terms and conditions mentioned in the paper that a layperson could not understand. These are essential terms concerning the contract entered between both parties.
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Purpose of Disclosure Statement
The very purpose of the disclosure statement is to transfer the knowledge of crucial terminologies, terms, and conditions, exclusions and inclusions of the contract, etc., in a language comprehensible by even an amateur person. It compiles all the information and assures the customer about the legality and security of the investment, insurance, mortgage, or various other transactions involved. The disclosure statement makes sure that everything is communicated to the customers as the organization perceives it, and there is no miscommunication or misinterpretation. It outlines all the provisions regarding the contract and the duties and responsibilities of the customers.
Examples of Disclosure Statement
Example #1
A typical loan statement such as a loan for students, mortgage, home loan, vehicle loan, property loan, etc., does include a disclosure statement. For example, it includes the name of the organization, the party of the loans, approval, date, and place at which the document was signed, key terms such as tenure of the loan, interest charged, annual percentage rate, total processing fees, loan statement,prepaymentPrepaymentPrepayment refers to paying off an expense or debt obligation before the due date. Often, companies make advance payments for expenses as well as goods and services to shed their financial burden. Advance payments also act as a tool to attain monetary benefits. Examples of prepayment include loan repayment before the due date, prepaid bills, rent, salary, insurance premium, credit card bill, income tax, sales tax, line of credit, etc.read more terms, and various other information including the terms regarding defaults in payment and so on.
Example #2
Another example could be an insurance contract between the insurer and the insured. Nowadays, the public is quite aware of insurance, and the government markets it well. A disclosure statement of the insurance includes the insurance title along with various riders such as accidental insurance, health insurance, and so on. Also, it explains certain situations in which the insurance cover would not be in force. The conditions stated by the insurance company, such as genetic information, the exclusion clause, and nomination-related details, are also a few important areas of the statement.
In case of investments in various securities or IRAs, the statement contains terms defining the entire contract, Rules, and regulations of investing, penalties, the regularity of funds, deposits, withdrawals, and so forth. Generally, it allows the person a noticeable time to read and refer the agreement to revert to the organization issuing it.
What is included?
A disclosure statement could consist of multiple topics, but vary from contract to contract and types of agreement. However, despite the dissimilarity, it mentions some terms which are quite familiar to almost all such statements. These are mentioned here.
- Firstly, the statement indicates the agreement’s title or document, and generally, it is written in bold and capital letters. A few examples of claims could be the Loan Agreement, Personal Disclosure Statement, etc.The body contains the key terms and terminologies an organization intends to communicate to another party. It is filled with information in simple language and sometimes includes tables and charts.It also contains the details of the party responsible for its preparation and the signature of the person who approved it from the organization’s point of view.The date on which this is written or handed over is also an essential tenet of the contract. Generally, it is the point after which both parties come under the legal scanner.The person’s name with whom the contract is made, along with the relevant details such as the address, etc., are also included in this document.
All critical agreement, along with the brief purpose of the statement to be fulfilled, also finds a place here.
Uses
A disclosure statement is used in many ways, and generally, people are not even aware of it. For example, it could indicate the product’s condition when the sale has been made, uses, or abuses covered in case of guarantee or warranty provided by an entity, ways or method in which service could be provided, etc. The government could also issue it for the general public for abiding by specific laws and regulations required to be followed in case of public safety or government resources. The standard procedures followed by society and organizations to bring harmony should also be indicated via such a statement.
Advantages
First of all, it provides critical information to the user or the parties involved. It is expressed in the non-technical language so that the unfamiliarity of technical terms does not hinder the comprehension of the non-expert person. It is also considered a part of the legal document and could be presented as evidence if there is a legal tussle.
Disadvantages
Conclusion
In summary, a disclosure statement contains essential and critical information about the terms and conditions, terminologies used, and the main agreement between the parties in clear and straightforward language. It forms the part of legal documents and could be referred back in litigation.
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