This Financial Non-Disclosure Agreement is essential for protecting confidential financial information in New Zealand business contexts. It should be used when parties need to share sensitive financial data, including investment strategies, financial forecasts, pricing models, or transaction details. The agreement is specifically structured to comply with New Zealand law, including the Financial Markets Conduct Act 2013 and Privacy Act 2020. It provides comprehensive protection for confidential financial information while facilitating necessary business discussions and due diligence processes. The document is particularly relevant for financial institutions, investment firms, and companies engaging in financial transactions where confidential information needs to be shared but protected.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Financial Information', 'Authorized Personnel', and other relevant terms
4. Scope of Confidential Information: Clearly specifies what constitutes financial confidential information under the agreement
5. Obligations of Confidentiality: Details the receiving party's obligations to maintain confidentiality and permitted uses of the information
6. Security Measures: Specifies required security measures for protecting confidential information
7. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed, including to authorized personnel and legal requirements
8. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
10. Breach and Remedies: Specifies consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Data Privacy Compliance: Additional provisions for compliance with Privacy Act 2020 when personal financial information is involved
2. Insider Trading Prevention: Special provisions when information could constitute inside information under the Financial Markets Conduct Act
3. Third Party Disclosure: Additional provisions for when confidential information needs to be shared with specific third parties like advisors or auditors
4. International Transfer of Information: Provisions governing cross-border transfer of confidential information
5. Digital Information Security: Specific provisions for protecting digital information and cybersecurity requirements
6. Regulatory Disclosure: Procedures for handling regulatory disclosure requirements
7. Competitive Restrictions: Additional non-compete or non-solicitation provisions if relevant to the financial relationship
1. Schedule 1 - Specified Confidential Information: Detailed list of specific financial information covered by the agreement
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access the confidential information
3. Schedule 3 - Security Protocols: Detailed security requirements and protocols for handling the confidential information
4. Schedule 4 - Approved Third Party Recipients: List of pre-approved third parties who may receive the confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized personnel to sign
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Investment Management
Private Equity
Venture Capital
Financial Technology
Professional Services
Accounting
Corporate Finance
Wealth Management
Real Estate Finance
Capital Markets
Credit Services
Financial Research
Relevant Teams
Finance
Legal
Compliance
Risk Management
Treasury
Investment
Corporate Development
Mergers & Acquisitions
Financial Planning & Analysis
Due Diligence
Portfolio Management
Credit Analysis
Investment Research
Financial Operations
Strategic Planning
Relevant Roles
Chief Financial Officer
Financial Director
Investment Manager
Financial Analyst
Compliance Officer
Risk Manager
Investment Banker
Financial Controller
Treasury Manager
Fund Manager
Financial Advisor
Account Manager
Corporate Finance Manager
Due Diligence Specialist
Financial Planning Manager
Investment Strategist
Portfolio Manager
Credit Analyst
Merger & Acquisition Specialist
Private Equity Associate
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