The Financial Disclosure Agreement serves as a critical legal instrument in Indian business operations where parties need to share sensitive financial information while maintaining confidentiality and regulatory compliance. This document is essential when companies, financial institutions, or individuals need to disclose financial data for purposes such as due diligence, auditing, investment evaluation, or regulatory reporting. The agreement ensures compliance with Indian financial regulations, including SEBI requirements, Companies Act provisions, and relevant banking laws. It specifically addresses the protection of confidential financial information, permitted uses, security measures, and obligations of all parties involved. The document is particularly relevant in contexts such as mergers and acquisitions, investments, audits, and financial advisory services, where detailed financial information needs to be shared under controlled conditions.
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1. Parties: Identification of the disclosing party and receiving party, including their registered addresses and company registration details
2. Background: Context of the agreement, including the purpose of financial disclosure and the relationship between the parties
3. Definitions: Detailed definitions of key terms including 'Financial Information', 'Confidential Information', 'Permitted Purpose', and other relevant terms
4. Scope of Financial Information: Detailed description of the financial information covered under the agreement
5. Disclosure Requirements: Specific requirements and procedures for disclosing financial information
6. Use Restrictions: Limitations on how the receiving party may use the financial information
7. Confidentiality Obligations: Detailed obligations regarding maintaining confidentiality of the financial information
8. Security Measures: Required security measures for protecting the financial information
9. Return or Destruction of Information: Procedures for returning or destroying financial information upon termination
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Regulatory Compliance: Obligations to comply with relevant Indian financial regulations and laws
12. Breach and Remedies: Consequences of breach and available remedies
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Third Party Disclosure: Include when financial information may need to be shared with third parties such as auditors or advisors
2. Internal Controls: Include when specific internal control requirements need to be imposed on the receiving party
3. Data Privacy Compliance: Include when the financial information includes personal data requiring additional privacy protections
4. Market Abuse Prevention: Include when the financial information could potentially constitute inside information under SEBI regulations
5. Group Company Provisions: Include when either party's group companies need access to the financial information
6. Regulatory Reporting: Include when mandatory reporting to regulatory authorities needs to be addressed
7. Insurance Requirements: Include when specific insurance coverage is required for handling financial information
1. Schedule 1 - Categories of Financial Information: Detailed list of specific financial information covered under the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive and handle the financial information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling financial information
4. Schedule 4 - Reporting Templates: Standard templates for any required reporting under the agreement
5. Appendix A - Confirmation of Return/Destruction: Template for confirming return or destruction of financial information
6. Appendix B - Non-Disclosure Undertaking: Template for individual non-disclosure undertakings by authorized recipients
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Investment & Securities
Corporate Finance
Professional Services
Insurance
Real Estate
Private Equity
Venture Capital
Manufacturing
Technology
Healthcare
Energy
Telecommunications
Retail & Consumer
Infrastructure
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Development
Investment
Audit
Corporate Secretarial
Executive Management
Mergers & Acquisitions
Business Development
Relevant Roles
Chief Financial Officer
Financial Controller
Investment Manager
Corporate Lawyer
Compliance Officer
Risk Manager
Financial Analyst
Investment Banker
Managing Director
Finance Director
Company Secretary
Audit Manager
Treasury Manager
Legal Counsel
Corporate Development Manager
Due Diligence Specialist
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