This Non-Disclosure Agreement For Investors is essential for companies in New Zealand seeking external investment while protecting their confidential information during the investment evaluation process. The agreement is typically used when companies are engaging with potential investors for funding rounds, mergers, acquisitions, or strategic investments. It covers the disclosure of sensitive business information such as financial statements, business plans, customer data, intellectual property, and growth strategies. The document is structured to comply with New Zealand's legal framework, including the Financial Markets Conduct Act 2013 and Contract and Commercial Law Act 2017, making it suitable for both domestic and international investment discussions. It provides necessary safeguards for companies while allowing potential investors to conduct thorough due diligence.
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1. Parties: Identification of the parties: the company (disclosing party) and the potential investor (receiving party)
2. Background: Context of the agreement, including the purpose of sharing confidential information for potential investment evaluation
3. Definitions: Key terms including 'Confidential Information', 'Purpose', 'Representatives', 'Investment Opportunity', and other relevant definitions
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the investment opportunity
5. Permitted Use and Disclosure: Specific purposes for which the confidential information can be used and circumstances under which it can be shared with representatives
6. Obligations of Receiving Party: Core confidentiality obligations, security measures, and standard of care required
7. Duration of Obligations: Time period for which confidentiality obligations remain in effect
8. Return or Destruction of Information: Requirements for handling confidential information after evaluation period or upon request
9. No Rights or Licenses: Clarification that no intellectual property rights or licenses are granted
10. No Commitment: Statement that the agreement does not obligate either party to proceed with any business relationship or investment
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Securities Laws Compliance: Additional section required when dealing with publicly traded companies or when information might include material non-public information
2. Insider Trading Prohibition: Specific provisions needed when sharing price-sensitive information about listed companies
3. Non-Solicitation: Optional restrictions on soliciting employees or clients, if relevant to the potential investment context
4. Standstill Provisions: Restrictions on acquiring company securities outside of the contemplated investment process, typically for larger corporate investments
5. Privacy Compliance: Additional provisions required when personal information will be shared as part of due diligence
6. International Transfer of Data: Required when confidential information may be transferred outside New Zealand
1. Schedule 1: Specified Representatives: List of authorized representatives who may access the confidential information
2. Schedule 2: Specific Information: Detailed list or categories of confidential information to be disclosed
3. Schedule 3: Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A: Acknowledgment Form: Form to be signed by representatives who will have access to confidential information
5. Appendix B: Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Real Estate
Retail
Agriculture
Biotechnology
Clean Energy
Software
E-commerce
Professional Services
Construction
Education
Transportation
Mining
Tourism
Media and Entertainment
Relevant Teams
Legal
Finance
Corporate Development
Investor Relations
Executive Leadership
Business Development
Compliance
Risk Management
Investment
Strategy
Mergers and Acquisitions
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Investment Manager
Corporate Development Director
Legal Counsel
Business Development Manager
Company Secretary
Finance Director
Investor Relations Manager
Due Diligence Officer
Investment Analyst
Venture Capital Associate
Private Equity Manager
M&A Director
Strategy Director
Portfolio Manager
Risk Manager
Compliance Officer
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