Confidentiality Agreements and Non-Disclosure Agreements

ConfidentialMost often, a seller will insist on the buyer signing the seller’s form of confidentiality/non-disclosure agreement. Buyers may also benefit from such an agreement, but the provisions of a confidentiality/non-disclosure agreement are generally used to protect the information the seller provides to the buyer as part of the process the buyer wishes to undertake when determining whether or not to buy the business. Confidentiality/Non-Disclosure documents normally restrict both parties from discussing the business or transaction details, as applicable, with any third party, with exclusions to allow a buyer to disclose information to its professional advisors.

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