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Financial Confidentiality Agreement
"I need a Financial Confidentiality Agreement under Malaysian law for my investment bank to share sensitive financial information with a Singapore-based private equity firm during a planned merger discussion starting January 2025, with specific provisions for cross-border data transfer."
1. Parties: Identification of all parties to the agreement, including full legal names and registration details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Authorized Personnel', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and the process for such disclosure
7. Security Measures: Required security measures for protecting confidential information
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Duration and Survival: Term of the agreement and surviving obligations after 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
1. Data Protection Compliance: Additional provisions for compliance with PDPA 2010, used when personal data is involved
2. Third Party Rights: Provisions regarding rights of third parties, used when third party information is included
3. Digital Information Security: Specific provisions for digital information protection, used when electronic data is involved
4. International Transfer: Provisions for cross-border transfer of information, used when parties are in different jurisdictions
5. Insider Trading Prevention: Additional provisions when market-sensitive information is involved
6. Employee Confidentiality: Specific provisions for employee obligations, used when agreement covers employee relationships
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of authorized personnel who may access the confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols to be followed
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Form of Acknowledgment: Template for acknowledgment by authorized personnel
6. Appendix B - Data Destruction Certificate: Template for certifying destruction of confidential information
Authors
Banking
Financial Services
Investment Management
Insurance
Corporate Finance
Wealth Management
Private Equity
Venture Capital
Accounting Services
Financial Technology
Asset Management
Capital Markets
Finance
Treasury
Investment
Compliance
Risk Management
Corporate Development
Mergers & Acquisitions
Due Diligence
Legal
Audit
Corporate Finance
Private Banking
Chief Financial Officer
Financial Controller
Investment Manager
Financial Analyst
Compliance Officer
Risk Manager
Treasury Manager
Financial Advisor
Investment Banker
Fund Manager
Corporate Finance Manager
Merger & Acquisition Specialist
Financial Due Diligence Specialist
Investment Director
Private Banker
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