The NDA For Potential Investors is essential when companies seek investment while protecting their sensitive information. Under English and Welsh law, this agreement establishes confidentiality obligations during investment discussions, covering financial data, business plans, intellectual property, and other proprietary information. It's particularly crucial in early-stage investment discussions where detailed company information needs to be shared for due diligence. The document ensures compliance with UK regulations including financial services laws and data protection requirements, while providing clear remedies under English law for any breaches.
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1. Parties: Identification of the disclosing party (typically the company) and the receiving party (potential investor)
2. Background: Context of the potential investment and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Purpose', 'Representatives', 'Permitted Recipients'
4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information
5. Permitted Disclosures: Circumstances under which confidential information can be shared
6. Return or Destruction of Information: Obligations regarding confidential materials after termination
7. Duration: Term of confidentiality obligations
8. Governing Law and Jurisdiction: Specification of English and Welsh law and courts
1. Inside Information: Additional provisions required for listed companies or regulated investments, including specific handling requirements and market abuse regulations
2. Non-Solicitation: Provisions preventing the receiving party from approaching or soliciting employees, clients, or business relationships
3. Data Protection: Specific obligations regarding personal data handling and compliance with UK GDPR and Data Protection Act 2018
4. Non-Circumvention: Provisions preventing direct approaches to other parties involved in the potential investment opportunity
1. Description of Confidential Information: Detailed list of types of information covered by the agreement
2. Permitted Recipients: List of authorized individuals or entities allowed to receive the confidential information
3. Security Requirements: Specific security measures required for protecting the confidential information
4. Form of Adherence Letter: Template for additional parties to sign up to the NDA obligations
Relevant legal definitions
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