Confidentiality Agreement for Buying/Selling a Business

The Confidentiality Agreement for Buying/Selling a Business can be used to protect your valuable confidential information if you:

• are considering whether to buy a business and want to complete due diligence before entering into a Business Purchase Agreement;
• wish to sell your business and the potential buyer wants to carry out due diligence; or
• are researching the synergies of an acquisition target or competitor before committing to a formal agreement.

This is a mutual confidentiality agreement and includes the following clauses:

• Consideration;
• Due Diligence;
• Use of Confidential Information;
• Stand Still Period;
• Return of Confidential Information;
• Recipient’s acknowledgement;
• Discloser’s Intellectual Property Rights;
• Recipient’s indemnity;
• Privacy; and
• General.

The clauses in this Confidentiality Agreement are by way of example only and are included to provide a structure of the content that may be included in the Confidentiality Agreement.  All circumstances in which parties will use a Confidentiality Agreement are likely to be different.  It is therefore important that you discuss the reasons for entering into the Confidentiality Agreement with your solicitor.    

If any of the information you are likely to disclose may be subject to legal professional privilege you should seek advice from your PTL lawyer before disclosing the information. 

Learn more about Buying Shares & Businesses.