¶¶Òõ¶ÌÊÓÆµ

Pre Contractual Agreement Template for New Zealand

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Pre Contractual Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Pre Contractual Agreement

"I need a Pre Contractual Agreement for a potential acquisition of a software development company in Auckland, with strict confidentiality provisions and a due diligence period extending until March 2025, including specific protections for source code review during negotiations."

Document background
The Pre-Contractual Agreement is a crucial document used in New Zealand business transactions where parties need to establish a formal framework for negotiations before entering into a definitive agreement. It is particularly valuable in complex commercial transactions, mergers and acquisitions, joint ventures, and significant business arrangements where detailed negotiations are required. The document typically includes provisions for confidentiality, exclusivity, negotiation processes, and allocation of costs, while clearly distinguishing between binding and non-binding terms. Subject to New Zealand law, it provides legal protection during the negotiation phase while maintaining flexibility for parties to reach their final agreement. This document is essential when parties need to protect their interests, maintain confidentiality, and establish clear parameters for their negotiations while complying with New Zealand legal requirements.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties involved in the pre-contractual agreement

2. Background: Sets out the context and purpose of the pre-contractual agreement, including the parties' intentions to negotiate a formal agreement

3. Definitions: Defines key terms used throughout the document to ensure clarity and prevent misinterpretation

4. Purpose and Scope: Outlines the intended transaction or relationship and the scope of the negotiations

5. Binding and Non-Binding Provisions: Clearly identifies which provisions are legally binding and which are subject to negotiation

6. Confidentiality: Sets out obligations regarding the protection and use of confidential information exchanged during negotiations

7. Negotiation Process: Describes the process, timeline, and key milestones for negotiations

8. Exclusivity: If applicable, states whether parties are prohibited from negotiating with other parties during the negotiation period

9. Costs and Expenses: Specifies how costs associated with negotiations and due diligence will be borne

10. Duration and Termination: Specifies how long the pre-contractual agreement will remain in effect and how it can be terminated

11. Governing Law: Specifies that New Zealand law governs the agreement and sets out jurisdiction for disputes

Optional Sections

1. Due Diligence: Details the due diligence process, including access to information and timeframes. Include when significant due diligence is required.

2. Break Fee: Specifies any break fees payable if negotiations fail. Include for high-value transactions or where significant resources are committed.

3. Intellectual Property: Protects IP rights during negotiations. Include when significant IP will be disclosed during negotiations.

4. Public Announcements: Controls public statements about negotiations. Include for high-profile deals or where parties are publicly listed.

5. Good Faith Obligations: Establishes explicit good faith negotiation requirements. Include when parties want to emphasize commitment to honest negotiations.

6. Representatives and Authority: Names specific representatives authorized to conduct negotiations. Include for complex negotiations involving multiple stakeholders.

Suggested Schedules

1. Schedule 1: Key Commercial Terms: Outlines the principal commercial terms that parties have preliminarily agreed to pursue

2. Schedule 2: Negotiation Timeline: Detailed timeline of negotiation milestones and deadlines

3. Schedule 3: Due Diligence Requirements: List of required due diligence materials and information

4. Schedule 4: Authorized Representatives: List of authorized representatives and their contact details

5. Appendix A: Form of Confidentiality Agreement: Standard form confidentiality agreement if separate from main document

Authors

Alex Denne

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

Relevant legal definitions






















Clauses

























Relevant Industries

Technology

Manufacturing

Real Estate

Financial Services

Healthcare

Energy

Mining

Retail

Professional Services

Construction

Agriculture

Education

Transportation

Telecommunications

Relevant Teams

Legal

Corporate Development

Business Development

Executive Leadership

Finance

Strategy

Operations

Commercial

Mergers & Acquisitions

Procurement

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

General Counsel

Legal Counsel

Business Development Manager

Commercial Director

Head of Strategy

Investment Manager

Corporate Development Manager

Mergers & Acquisitions Director

Partnership Manager

Project Manager

Procurement Manager

Operations Director

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

Find the exact document you need

Pre Contractual Agreement

A New Zealand law-governed document that establishes the framework and ground rules for formal contract negotiations between parties.

find out more

Contractual Letter Of Intent

A preliminary agreement under New Zealand law outlining proposed transaction terms with both binding and non-binding elements.

find out more

Contract Agreement Letter

A formal business document that combines a contract's legal elements with a letter format, compliant with New Zealand contract law.

find out more

Contract Letter Of Employment

A New Zealand-compliant employment contract letter that establishes the formal employment relationship and outlines key terms and conditions of employment.

find out more

Contract Letter Between Two Parties

A formal contract letter used in New Zealand to establish legally binding agreements between two parties, combining contractual elements with business letter format.

find out more

Contractual Employee Agreement

A New Zealand-compliant employment agreement establishing terms and conditions for contractual employees, aligned with NZ employment legislation.

find out more

Contractual Joint Venture Agreement

A New Zealand law-governed agreement establishing a contractual joint venture between parties, defining their collaboration terms while maintaining separate legal identities.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: /our-research
Oops! Something went wrong while submitting the form.

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our for more details and real-time security updates.