NDA: investment (short)
A short form NDA, in the form of a letter agreement, for use in an investment transaction where the company will disclose confidential information to a potential investor. It covers the principal legal protections for the benefit of the company as the disclosing party.
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When do I use this document?
- for an investment transaction
- where the subject company will disclose its confidential information to potential investors
- for a shorter form NDA with principal legal protections for the company as the discloser of its confidential information
What are the key features?
- 16 paragraphs over 3 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
- duration of agreement
What other documents are available?
For a shorter form of confidentiality agreement for an investment transaction see,
When do I use this document?
- for the grant of both a put option and call option over shares in a private limited company
- so that both the buyer has an option to purchase the shares and the seller has an option to sell the shares
What are the key features?
- 24 clauses over 16 pages
- grant of the put and call options, with related definitions of option shares, exercise conditions and exercise periods
- put option exercise and form of exercise notice
- call option exercise and form of exercise notice
- mechanics for sale and purchase of option shares
- warranties and undertakings from the seller
What else do I need to know?
The principal matters which the parties to a put and call option agreement will need to negotiate include:
- option shares: the number of option shares
- exercise conditions: whether either option exercise is subject to satisfaction of any pre-conditions
- exercise periods: the time periods during which the seller may exercise the put option and the buyer may exercise the call option
- exercise price: the price payable for the shares
What other docs are available?
For alternative option agreements over shares, see:
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Updated by a lawyer on 21/07/2025
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