The Financial Non-Disclosure Agreement is essential when sharing sensitive financial information in business transactions, investments, or professional services. It's particularly relevant in the United States where financial data protection is governed by multiple federal and state regulations. This document ensures compliance with key legislation such as the Defend Trade Secrets Act, Securities Exchange Act, and state-specific privacy laws. It's commonly used in mergers and acquisitions, investment discussions, financial advisory services, and other situations where financial confidentiality is crucial.
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1. Parties: Identification of all parties involved in the agreement, including legal names and addresses
2. Background/Recitals: Context of the agreement and purpose for sharing financial information
3. Definitions: Key terms including 'Confidential Information', 'Financial Information', 'Permitted Purpose', 'Representatives'
4. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of confidential information
5. Permitted Disclosures: Circumstances under which disclosure is allowed, including to employees, advisors, or as required by law
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Return of Information: Requirements for returning or destroying confidential information
8. Governing Law: Jurisdiction and applicable law
1. Securities Law Compliance: Required when dealing with public companies or regulated financial information
2. Data Privacy Provisions: Specific provisions for handling personal financial data
3. Non-Solicitation: Prevents solicitation of employees or customers
4. Audit Rights: Right to audit compliance with the agreement
1. Schedule A - Description of Confidential Information: Detailed list of specific financial information covered
2. Schedule B - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule C - Security Protocols: Specific security measures required for handling information
4. Schedule D - Permitted Purpose Details: Detailed description of allowed uses of confidential information
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