The Non Disclosure Agreement For Investors is essential when companies seek investment while protecting their confidential information under Swiss law. This document is typically used during fundraising rounds, strategic investment discussions, or when sharing sensitive business information with potential investors for due diligence purposes. It ensures compliance with Swiss regulatory requirements, including the Swiss Code of Obligations and financial market regulations, while protecting trade secrets, financial data, and strategic information. The agreement is particularly important in Switzerland's sophisticated financial market, where both domestic and international investors frequently engage in investment activities across various sectors. It provides a legal framework for information sharing while maintaining confidentiality and establishing clear obligations and remedies under Swiss jurisdiction.
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1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the potential investor)
2. Background: Context of the potential investment opportunity and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Investment Purpose', 'Representatives', and 'Affiliate'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including financial data, business plans, and proprietary information
5. Permitted Use and Disclosure: Specifies the authorized use of confidential information for investment evaluation and permitted disclosures to representatives
6. Standard of Care: Obligations regarding protection of confidential information and minimum security measures required
7. Exclusions: Information not considered confidential under the agreement (public domain, independently developed, etc.)
8. Return or Destruction: Requirements for handling confidential information upon termination or request
9. Duration: Term of confidentiality obligations
10. No Rights or License: Clarification that no intellectual property rights are transferred
11. No Obligation to Proceed: Statement that sharing information creates no obligation to proceed with investment
12. Remedies: Legal remedies available in case of breach, including injunctive relief
13. General Provisions: Standard clauses including governing law, jurisdiction, amendments, and notices
1. Insider Trading Prohibition: Required if the disclosing party is a public company or considering public offering
2. Non-Solicitation: Optional clause preventing solicitation of employees or customers, recommended for strategic investors
3. Standstill Provisions: Optional for public companies to prevent hostile takeover attempts
4. Data Privacy Compliance: Required if personal data will be shared, especially under Swiss Data Protection Act
5. Anti-Money Laundering Compliance: Required for financial institutions or when dealing with regulated investors
6. Non-Circumvention: Optional clause preventing direct contact with customers, suppliers, or partners
7. Securities Law Compliance: Required if sharing material non-public information about public companies
1. Schedule 1 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
2. Schedule 2 - Security Measures: Specific security protocols and measures required for handling confidential information
3. Schedule 3 - Excluded Information: Specific categories of information explicitly excluded from confidentiality obligations
4. Appendix A - Acknowledgment Form: Form to be signed by authorized representatives acknowledging confidentiality obligations
5. Appendix B - Information Return Certificate: Certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Real Estate
Consumer Goods
Biotechnology
Clean Energy
Infrastructure
Telecommunications
Software
E-commerce
Professional Services
Life Sciences
Industrial Technology
Relevant Teams
Legal
Finance
Corporate Development
Investor Relations
Executive Leadership
Compliance
Business Development
Due Diligence
Investment
Risk Management
Corporate Secretariat
Treasury
Relevant Roles
Chief Executive Officer
Chief Financial Officer
General Counsel
Investment Manager
Corporate Development Director
Head of Investor Relations
Legal Counsel
Investment Analyst
Due Diligence Officer
Financial Controller
Business Development Manager
Compliance Officer
Corporate Secretary
Investment Director
Portfolio Manager
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