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How to Merge Mutual Non-Disclosure Agreement

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My name is Eddie Look. I am a Corporate Commercial partner at Tanner De Witt. I would like to welcome you to the Mergers and Acquisitions series. Our corporate partners have prepared five short videos about the various aspects of an acquisition in Hong Kong. I am here to talk about non-disclosure agreements being the first part of our series. Often an M and A transaction can only proceed after a non-disclosure or confidentiality agreement is signed. Without such an agreement the seller should not be disclosing information to the buyer. In this agreement there are a number of standard provisions which I will briefly mention but not discuss in detail. There will be your usual provision on restriction on the disclosure of confidential information. There will usually be another provision specifying to whom one can disclose confidential information. The more docHub variables of a confidentiality agreement are several. In the usual case the NDA will provide that th

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What is a mutual non-disclosure?

A Mutual Non-Disclosure Agreement (NDA) is a confidentiality agreement that allows two parties (businesses or individuals) to share and receive proprietary information.

Does a mutual NDA protect both parties?

NDAs can be either mutual or one way. A mutual NDA requires each party to protect the confidential information to the other party. A one-way NDA contemplates that only one party will be disclosing confidential information.

What is non-disclosure agreement for merger or acquisition?

A Non-Disclosure Agreement (NDA) is a document that is exchanged between a prospective buyer and a seller in the initial stages of an MA transaction. The document is exchanged after the prospective buyer shows interest in a company after looking at the teaser of the target.

What does a mutual NDA cover?

A mutual non-disclosure agreement, or 2-way NDA, is a document that two parties can use to agree not to disclose confidential information to any third party. If either party releases any of the information shared, they may be liable to legal and monetary damages.

Does NDA need to be signed by both parties?

Both parties will sign the NDA after they finish drafting it. Like any business contract, unilateral NDAs require someone with authority (i.e., a C-suite executive) to sign the agreement on behalf of each party. Then, one party will disclose the confidential information and designate it as confidential.

What is the difference between an NDA and a mutual NDA?

In general, a non-disclosure agreement can be categorized as either a unilateral or mutual/bilateral NDA. In unilateral NDAs, only one party agrees not to disclose classified information. A mutual NDA means that both/all parties agree not to share any confidential information.

What is a mutual non-disclosure agreement?

Non-disclosure agreements are common for businesses entering into negotiations with other businesses. They allow the parties to share sensitive information without fear that it will end up in the hands of competitors. In this case, it may be called a mutual non-disclosure agreement.

What is a mutual NDA between two parties?

A mutual non-disclosure agreement, or 2-way NDA, is a document that two parties can use to agree not to disclose confidential information to any third party. If either party releases any of the information shared, they may be liable to legal and monetary damages.

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