The Financial Disclosure Agreement serves as a critical legal instrument in New Zealand's financial and business landscape, designed to facilitate the secure and compliant sharing of sensitive financial information between parties. This document becomes necessary when entities need to exchange confidential financial data while ensuring proper protections are in place. The agreement incorporates requirements from New Zealand's regulatory framework, including the Financial Markets Conduct Act 2013, Privacy Act 2020, and relevant financial sector regulations. It is particularly vital in scenarios involving investment decisions, due diligence processes, financial advisory services, or regulatory compliance reporting, where detailed financial information must be shared while maintaining confidentiality and legal compliance.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including financial terms and confidentiality concepts
4. Scope of Disclosure: Clearly outlines what financial information must be disclosed, including the nature, frequency, and format of disclosures
5. Confidentiality Obligations: Details how disclosed information must be protected and handled by the receiving party
6. Use of Information: Specifies permitted and prohibited uses of the disclosed financial information
7. Disclosure Process: Outlines the procedures and protocols for making disclosures, including timing and delivery methods
8. Security Measures: Specifies required security protocols for handling and storing disclosed information
9. Compliance with Laws: Addresses compliance with relevant New Zealand laws and regulations
10. Duration and Termination: Specifies the term of the agreement and conditions for termination
11. Breach and Remedies: Details what constitutes a breach and the available remedies
12. General Provisions: Standard contractual provisions including governing law, notices, and amendments
1. Third Party Disclosures: Used when disclosed information may need to be shared with authorized third parties such as auditors or regulators
2. International Transfer of Information: Required when financial information may be transferred outside of New Zealand
3. Data Protection Officer: Needed for large organizations or when handling sensitive financial data requiring dedicated oversight
4. Audit Rights: Optional section granting rights to audit compliance with the agreement
5. Insurance Requirements: Used when specific insurance coverage is required for handling sensitive financial information
6. Return or Destruction of Information: Detailed procedures for handling information after agreement termination
1. Schedule 1 - Categories of Financial Information: Detailed list of specific financial information to be disclosed
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive the disclosed information
3. Schedule 3 - Security Protocols: Detailed security requirements and procedures for handling disclosed information
4. Schedule 4 - Disclosure Timeline: Specific dates or intervals for regular disclosures
5. Appendix A - Disclosure Forms: Standard forms or templates to be used for financial disclosures
6. Appendix B - Contact Details: Contact information for key personnel involved in the disclosure process
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Investment Management
Accounting
Legal Services
Financial Technology
Professional Services
Real Estate
Private Equity
Venture Capital
Asset Management
Corporate Advisory
Wealth Management
Securities Trading
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Governance
Investment
Audit
Operations
Data Protection
Corporate Affairs
Due Diligence
Regulatory Affairs
Information Security
Executive Management
Relevant Roles
Chief Financial Officer
Financial Controller
Compliance Officer
Legal Counsel
Risk Manager
Investment Analyst
Financial Advisor
Account Manager
Treasury Manager
Corporate Secretary
Due Diligence Officer
Privacy Officer
Audit Manager
Financial Director
Investment Director
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