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The text discusses the importance of having a specific confidentiality agreement known as the Proprietary Information and Inventions Agreement for employees and consultants when forming a company. This agreement is crucial and should be signed by every employee and consultant involved with the company. The speaker emphasizes the complications that arise if this process is not managed properly, particularly during mergers and acquisitions (M&A) discussions. It can be challenging to locate individuals who have not signed the agreement, especially if they've contributed to the development of any technology. The absence of this signed documentation can lead to significant legal issues.