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Non Disclosure Agreement For Investors for Nigeria

Non Disclosure Agreement For Investors Template for Nigeria

A comprehensive confidentiality agreement designed for use in Nigeria, specifically tailored for investment-related discussions and due diligence processes. This document establishes binding confidentiality obligations on potential investors while they evaluate investment opportunities, protecting sensitive business information under Nigerian law. It incorporates provisions from key Nigerian legislation including the Investment and Securities Act 2007 and the Companies and Allied Matters Act 2020, ensuring compliance with local regulatory requirements while facilitating secure information sharing during investment negotiations.

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Non Disclosure Agreement For Investors

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What is a Non Disclosure Agreement For Investors?

The Non Disclosure Agreement For Investors is a crucial legal document used in Nigeria when companies engage with potential investors during fundraising, merger and acquisition discussions, or strategic investment negotiations. It serves as a vital protective measure before sharing sensitive business information such as financial records, business strategies, intellectual property, and market analysis during the due diligence process. The agreement, governed by Nigerian law and compliant with local regulatory requirements, establishes clear obligations for maintaining confidentiality, permitted uses of information, and consequences of breach. It's particularly important in the Nigerian business environment where protection of proprietary information needs to be balanced with the requirements of foreign investment regulations and local corporate governance standards.

What sections should be included in a Non Disclosure Agreement For Investors?

1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the potential investor), including full legal names, registration numbers, and addresses

2. Background: Context of the potential investment opportunity and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Investment Purpose', 'Representatives', and 'Affiliate'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the investment context, including financial data, business plans, and proprietary information

5. Disclosure and Use: Terms governing how the confidential information may be used and the permitted purpose

6. Standard of Care: The level of care required in protecting confidential information, including security measures

7. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives, advisors, or as required by law

8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

9. Duration of Obligations: Time period for which confidentiality obligations remain in effect

10. Non-Circumvention: Provisions preventing the investor from using the information to compete or circumvent the company

11. Remedies: Legal remedies available in case of breach, including injunctive relief

12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including severability, amendments, notices, and entire agreement

What sections are optional to include in a Non Disclosure Agreement For Investors?

1. Non-Solicitation: Prevents the investor from soliciting employees or customers, included when there's significant risk of talent or customer poaching

2. Regulatory Compliance: Additional provisions for regulated industries or when dealing with sensitive sectoral information

3. Data Protection: Specific provisions for handling personal data, required when personal information may be shared

4. Securities Trading Restrictions: Prohibitions on trading in securities based on confidential information, important for public companies

5. Competitive Analysis: Specific provisions regarding use of information for competitive analysis, important when dealing with investors who may have competing interests

6. Representative Obligations: Detailed provisions regarding the obligations of representatives who receive confidential information, important for institutional investors

7. Information Security Requirements: Specific technical and organizational measures required for information protection, important for digital assets or sensitive technical information

What schedules should be included in a Non Disclosure Agreement For Investors?

1. Schedule 1 - Description of Investment Opportunity: Detailed description of the potential investment opportunity and scope

2. Schedule 2 - Authorized Representatives: List of authorized representatives from both parties who may access confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Appendix A - Confidential Information Categories: Detailed categorization of types of confidential information covered

5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions









































Clauses



































Relevant Industries

Financial Services

Technology

Manufacturing

Real Estate

Energy and Natural Resources

Healthcare

Agriculture

Telecommunications

Infrastructure

Consumer Goods

Mining

Oil and Gas

Fintech

E-commerce

Education

Relevant Teams

Legal

Finance

Corporate Development

Executive Leadership

Investment Relations

Compliance

Risk Management

Business Development

Corporate Secretariat

Mergers & Acquisitions

Due Diligence

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Investment Director

Corporate Development Manager

General Counsel

Legal Counsel

Investment Manager

Business Development Director

Company Secretary

Finance Director

Merger & Acquisitions Manager

Due Diligence Officer

Compliance Officer

Risk Manager

Board Director

Managing Director

Investment Relations Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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