Financial Non Disclosure Agreement

Financial Non Disclosure Agreement Template for India

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Key Requirements PROMPT example:

"I need a Financial Non-Disclosure Agreement under Indian law for a potential investment deal between our private equity firm and a fintech startup, to be effective from March 1, 2025, with particular emphasis on protecting digital financial data and algorithms."

Document background

The Financial Non-Disclosure Agreement serves as a critical legal instrument for protecting sensitive financial information in Indian business transactions. It is particularly essential when parties need to share confidential financial data during due diligence, investment discussions, financial advisory services, or other business relationships involving financial information exchange. The document ensures compliance with Indian financial regulations, including requirements from the Reserve Bank of India, SEBI, and other regulatory bodies. It is designed to protect various types of financial information, including but not limited to financial statements, investment strategies, pricing models, client data, and proprietary financial methodologies. This agreement is crucial for maintaining confidentiality in financial transactions while ensuring regulatory compliance within the Indian jurisdiction.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including registered addresses and company registration details

2. Background: Context of the agreement, nature of the financial information to be shared, and purpose of sharing

3. Definitions: Detailed definitions including 'Confidential Information', 'Financial Information', 'Permitted Purpose', 'Authorized Representatives', and other key terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential financial information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to regulators and advisors

7. Security Measures: Specific security protocols for handling financial information, both physical and digital

8. Return or Destruction of Information: Procedures for returning or destroying confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

12. General Provisions: Standard boilerplate clauses including severability, amendments, and notices

Optional Sections

1. Regulatory Compliance: Additional section when dealing with regulated financial entities or when specific regulatory compliance needs to be addressed

2. Data Privacy Compliance: Specific section when personal financial data is involved, addressing data protection requirements

3. Insider Trading Prevention: Required when dealing with listed companies or market-sensitive financial information

4. Cross-Border Transfers: Needed when financial information may be transferred outside India

5. Audit Rights: Optional section granting rights to audit compliance with confidentiality obligations

6. Insurance Requirements: Section requiring specific insurance coverage for data breaches or information security

7. Survival Clauses: Detailed section on which provisions survive termination, particularly relevant for long-term financial relationships

8. Force Majeure: Optional section addressing circumstances beyond parties' control affecting confidentiality obligations

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of types of financial information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of personnel authorized to access and handle confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Required Notifications: List of circumstances requiring mandatory notification to the other party

5. Appendix A - Data Handling Procedures: Specific procedures for handling, storing, and transmitting confidential financial data

6. Appendix B - Regulatory Requirements: Summary of applicable regulatory requirements and compliance procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking

Financial Services

Insurance

Investment Banking

Private Equity

Venture Capital

Asset Management

Wealth Management

FinTech

Corporate Finance

Capital Markets

Financial Consulting

Accounting and Audit

Credit Services

Financial Technology

Relevant Teams

Finance

Legal

Compliance

Risk Management

Treasury

Investment

Corporate Development

Financial Planning & Analysis

Mergers & Acquisitions

Audit

Corporate Finance

Financial Operations

Financial Strategy

Investment Banking

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Investment Manager

Financial Analyst

Investment Banker

Financial Controller

Treasury Manager

Risk Manager

Compliance Officer

Financial Advisor

Portfolio Manager

Merger & Acquisition Specialist

Private Equity Manager

Venture Capital Manager

Banking Executive

Financial Operations Manager

Credit Analyst

Fund Manager

Wealth Manager

Financial Planning Director

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