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Non Disclosure Agreement For Investors for Australia

Non Disclosure Agreement For Investors Template for Australia

An Australian-law governed Non-Disclosure Agreement specifically designed for investment contexts, providing comprehensive protection for confidential information shared during investment evaluation processes. This document incorporates relevant provisions from Australian corporate law, particularly the Corporations Act 2001, and addresses specific requirements for protecting commercially sensitive information in investment scenarios. It includes provisions for handling inside information (where relevant for listed companies), digital data room access, and the broader investment evaluation process, while ensuring compliance with Australian privacy laws and securities regulations.

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Non Disclosure Agreement For Investors

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What is a Non Disclosure Agreement For Investors?

The Non-Disclosure Agreement For Investors is a critical document used when companies are seeking investment and need to share sensitive business information with potential investors. It's specifically tailored for the Australian legal framework and commonly used during capital raising, due diligence processes, and investment negotiations. The document ensures compliance with Australian corporate and securities laws, including the Corporations Act 2001 and relevant ASIC regulations. It's particularly important for protecting proprietary information, financial data, business strategies, and other confidential materials typically shared during investment evaluation processes. The agreement includes specific provisions for handling digital information, managing insider trading risks, and addressing the unique aspects of investment-related confidentiality in the Australian market context.

What sections should be included in a Non Disclosure Agreement For Investors?

1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the potential investor)

2. Background: Context of the potential investment opportunity and purpose of sharing confidential information

3. Definitions: Defines key terms including 'Confidential Information', 'Investment Purpose', 'Representatives', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the investment context

5. Confidentiality Obligations: Core obligations regarding the use, protection, and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and advisors

7. Security Measures: Required procedures and safeguards for protecting confidential information

8. Return or Destruction of Information: Obligations regarding the handling of confidential information after discussions conclude

9. Duration and Survival: Term of the agreement and which obligations survive termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Non Disclosure Agreement For Investors?

1. Inside Information Provisions: Additional provisions for listed companies regarding insider trading laws - used when the disclosing party is a public company

2. Data Protection Compliance: Specific provisions regarding compliance with privacy laws - used when personal information may be disclosed

3. Standstill Provisions: Restrictions on acquiring securities without consent - used for public companies or when specifically requested

4. Anti-Poaching Provisions: Restrictions on soliciting employees or clients - used when there's significant exposure to internal operations

5. Digital Information Handling: Specific provisions for digital data rooms and electronic information - used when information is shared electronically

6. Investment Process: Framework for the investment evaluation process - used in more detailed NDAs where the investment process is structured

7. Costs and Expenses: Allocation of costs related to the evaluation process - used in larger potential investments

What schedules should be included in a Non Disclosure Agreement For Investors?

1. Schedule 1 - Designated Representatives: List of authorized representatives who may receive confidential information

2. Schedule 2 - Specific Confidential Information: Detailed list or categories of confidential information covered

3. Schedule 3 - Security Protocols: Specific security measures and procedures to be followed

4. Appendix A - Information Handling Procedures: Detailed procedures for accessing, storing, and handling confidential information

5. Appendix B - Form of Confidentiality Undertaking: Template undertaking for representatives who will access the information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Sector

Cost

Free to use
Relevant legal definitions








































Clauses




























Relevant Industries

Technology

Healthcare

Financial Services

Real Estate

Manufacturing

Mining and Resources

Renewable Energy

Agriculture

Retail

E-commerce

Biotechnology

Infrastructure

Education

Professional Services

Media and Entertainment

Relevant Teams

Legal

Finance

Corporate Development

Executive Leadership

Investment

Compliance

Company Secretariat

Business Development

Due Diligence

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Investment Manager

Legal Counsel

Corporate Development Manager

Business Development Director

Company Secretary

Investment Analyst

Due Diligence Manager

Venture Capital Associate

Private Equity Manager

Corporate Finance Director

Strategic Investment Manager

General Counsel

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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