Merge Non-Disclosure Agreement (NDA) fast and easy

Simple guide on the way to Merge Non-Disclosure Agreement (NDA)

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How to Merge Non-Disclosure Agreement (NDA)

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Eddie Look, a Corporate Commercial partner at Tanner De Witt, introduces the Mergers and Acquisitions series, featuring five brief videos on acquisition aspects in Hong Kong. He discusses non-disclosure agreements (NDAs), crucial for M&A transactions, as they must be signed before sensitive information is exchanged between sellers and buyers. Key provisions of NDAs include restrictions on disclosing confidential information and specifying who can access such information. While Eddie mentions typical clauses, he notes that the specifics can vary widely in confidentiality agreements.

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Does an NDA need to be dated?

When drafting an NDA, the owner of the protected information must determine whether to include an expiration date for the agreement. Because the expiration of certain obligations under the NDA could place a companys trade secrets at risk, indefinite protection obviously is preferred.

Can NDA be between multiple parties?

Unilateral NDAs only require one party to disclose confidential information, while bilateral NDAs require two parties to disclose private information. Multilateral NDAs involve three parties and require at least one of them to disclose private information to the other parties.

Can NDA be backdated?

It is not good practice to backdate an NDA as there is a risk that a party may have already shared the information disclosed, or refuse to agree to an NDA at a later date.

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.

Does a one way 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.

Can NDAs be back dated?

Thankfully, most jurisdictions allow for contracts, including NDAs, to be signed with a retroactive date. This is commonly referred to as backdating.

Do NDAs ever expire?

Most NDAs last for as long as the agreement states in its terms, and can be for as long as the parties agree. This is particularly important for trade secrets, which have no registration-type protections and can only be protected for as long as they are kept secret.

How do I make my NDA retroactive?

If your company discloses confidential information without having the NDA agreed to first, ensure that the NDA applies retroactively by setting the effective date as the date on which confidential information was first disclosed, not the date on which the agreement was signed. How Should You Use an NDA?

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Merge Non-Disclosure Agreement (NDA)