NDA: investment (long)
A comprehensive NDA, in the form of an agreement, for use where a company will disclose confirmation information to a potential investor. It contains robust legal protections for the benefit of the company as the disclosing party.
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Use this document:
- for an investment transaction
- where the subject company will disclose its confidential information to potential investors
- for a longer form NDA with strong legal protections for the company
Key features include:
- 17 clauses over 9 pages
- definitions of Confidential Information and Proposed Transaction
- confidentiality obligations
- authorised recipients of Confidential Information
- circumstances permitting compulsory disclosure
- procedure for returning Confidential Information to the company
- prohibition on the investor poaching the company’s employees
- contractual remedies for breach of the NDA, including contractual indemnity in favour of the company
- duration of agreement
What else do I need to know?
It’s quite common that some clauses of an NDA may be resisted by the receiving party. The guidance notes which accompany this document explain how provisions, such as the following, might be negotiated to reach mutual agreement.
- non-solicitation covenants
- a contractual indemnity for breach of the confidentiality obligations
- the duration of the agreement
What other documents are available?
For a shorter form of confidentiality agreement for an investment transaction, see
Use this document:
- for an investment transaction
- where the subject company will disclose its confidential information to potential investors
- for a longer form NDA with strong legal protections for the company
Key features include:
- 17 clauses over 9 pages
- definitions of Confidential Information and Proposed Transaction
- confidentiality obligations
- authorised recipients of Confidential Information
- circumstances permitting compulsory disclosure
- procedure for returning Confidential Information to the company
- prohibition on the investor poaching the company’s employees
- contractual remedies for breach of the NDA, including contractual indemnity in favour of the company
- duration of agreement
What else do I need to know?
It’s quite common that some clauses of an NDA may be resisted by the receiving party. The guidance notes which accompany this document explain how provisions, such as the following, might be negotiated to reach mutual agreement.
- non-solicitation covenants
- a contractual indemnity for breach of the confidentiality obligations
- the duration of the agreement
What other documents are available?
For a shorter form of confidentiality agreement for an investment transaction, see
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Updated by a lawyer on 03/09/2024
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