NDA For Potential Acquisition for Australia

NDA For Potential Acquisition Template for Australia

This confidentiality agreement is designed for use in Australian merger and acquisition contexts, incorporating key requirements under Australian corporate and privacy laws. The document provides comprehensive protection for confidential information shared during acquisition due diligence processes while ensuring compliance with the Corporations Act 2001 (Cth) and other relevant Australian legislation. It includes specific provisions for handling sensitive business information, trade secrets, and personal data, with appropriate mechanisms for information security, permitted disclosures, and return or destruction of confidential materials.

Your data doesn't train Genie's AI

You keep IP ownership of your information

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

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
NDA For Potential Acquisition

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a NDA For Potential Acquisition?

This NDA For Potential Acquisition is specifically tailored for use in Australian business transactions where one party is considering acquiring another entity and requires access to confidential information for evaluation purposes. The document is essential in the preliminary stages of M&A discussions, typically executed before detailed due diligence begins. It incorporates requirements under Australian law, including considerations from the Corporations Act 2001 (Cth), Privacy Act 1988, and relevant common law principles regarding confidentiality. The agreement is designed to protect sensitive business information while facilitating necessary disclosure for transaction evaluation, with specific provisions addressing insider trading concerns, market disclosure requirements for listed entities, and data protection obligations.

What sections should be included in a NDA For Potential Acquisition?

1. Parties: Identification of the disclosing party, receiving party, and their authorized representatives

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

3. Definitions: Key terms including Confidential Information, Permitted Purpose, Representatives, Transaction

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and use of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives and advisors

6. Information Security: Requirements for protecting, storing, and handling confidential information

7. Return or Destruction of Information: Obligations regarding the handling of confidential information if the transaction doesn't proceed

8. Duration and Survival: Term of the agreement and which obligations survive termination

9. Non-Circumvention: Restrictions on using information to compete or circumvent the potential transaction

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a NDA For Potential Acquisition?

1. Standstill Provisions: Restrictions on acquiring target company shares or approaching shareholders, used when target is publicly listed

2. Non-Solicitation: Restrictions on poaching employees or clients, included when there's significant exposure to human capital

3. Deal Team Restrictions: Specific limitations on which personnel can access information, used for highly sensitive transactions

4. Market Announcements: Requirements for public announcements, included for listed companies or high-profile transactions

5. Anti-trust/Competition Compliance: Special provisions for handling competitively sensitive information, used when parties are competitors

6. Data Protection Compliance: Specific provisions for handling personal data, required when personal information is involved

7. Reverse Engineering Prohibition: Specific restrictions on analyzing or reverse engineering products/technology, used for technical due diligence

What schedules should be included in a NDA For Potential Acquisition?

1. Schedule 1 - Confidential Information: Detailed description or categories of information considered confidential

2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to access confidential information

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

4. Schedule 4 - Data Room Rules: Rules and procedures for accessing and using the due diligence data room

5. Appendix A - Deed of Confidentiality: Form of confidentiality undertaking for representatives and advisors

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Healthcare

Real Estate

Mining and Resources

Retail

Professional Services

Energy

Infrastructure

Agriculture

Telecommunications

Media and Entertainment

Transportation and Logistics

Relevant Teams

Legal

Corporate Development

Mergers & Acquisitions

Executive Leadership

Finance

Strategy

Risk & Compliance

Information Security

Corporate Secretariat

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Corporate Development Manager

M&A Director

Legal Counsel

Investment Banker

Due Diligence Manager

Strategy Director

Business Development Manager

Risk Manager

Compliance Officer

Information Security Officer

Company Secretary

Board Member

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

Contract Disclosure Agreement

An Australian law-governed agreement establishing terms for sharing and protecting confidential information between parties.

find out more

Confidentiality Non Disclosure And Non Compete Agreement

An Australian law-governed agreement combining confidentiality obligations and competitive restrictions to protect business interests and sensitive information.

find out more

Mutual Non Circumvention Agreement

An Australian law-governed agreement protecting business relationships and preventing circumvention between parties in commercial dealings.

find out more

NDA Between Company And Consultant

An Australian-law governed NDA for protecting confidential information shared between companies and their external consultants.

find out more

Employee Privacy Agreement

An Australian-compliant agreement governing the collection, use, and protection of employee personal information under the Privacy Act 1988 and APPs.

find out more

Confidentiality Agreement Between Two Individuals

An Australian-law governed confidentiality agreement for protecting sensitive information shared between two individuals.

find out more

Business Non Disclosure Agreement Form

Australian-law compliant Business Non-Disclosure Agreement for protecting confidential information in business relationships.

find out more

Employee Secrecy Agreement

An Australian-law governed agreement establishing confidentiality obligations between employer and employee to protect sensitive business information and trade secrets.

find out more

NDA Settlement Agreement

An Australian law-governed agreement combining settlement terms with confidentiality obligations to resolve disputes while maintaining privacy of sensitive information.

find out more

Non Disclosure Agreement For Board Members

Australian-law governed Non-Disclosure Agreement for board members, ensuring protection of confidential information while complying with directors' duties under Australian law.

find out more

Disclosure Agreement Form

An Australian-law governed agreement that establishes terms for sharing and protecting confidential information between parties, ensuring compliance with local privacy laws and regulations.

find out more

Individual Confidentiality Agreement

An Australian-law governed agreement establishing confidentiality obligations between an individual and an organization, protecting sensitive information with locally enforceable provisions.

find out more

Two Sided NDA

An Australian law-governed mutual non-disclosure agreement protecting confidential information exchanged between two parties.

find out more

Confidential Meeting Agreement

An Australian legal agreement protecting confidential information shared during business meetings, ensuring compliance with federal and state privacy laws.

find out more

Non Disclosure Agreement For Resigned Employee

An Australian-compliant Non-Disclosure Agreement for resigned employees, protecting company confidential information and intellectual property post-employment.

find out more

Candidate Confidentiality Agreement

An Australian-law governed confidentiality agreement for job candidates to protect company information during the recruitment process.

find out more

Confidentiality Agreement Between Two Companies

An Australian-law governed confidentiality agreement between two companies for protecting sensitive information shared during business dealings.

find out more

Non Disclosure Agreement For Restaurant Employees

An Australian-compliant Non-Disclosure Agreement protecting confidential information in restaurant operations, including recipes, procedures, and business information.

find out more

Confidentiality Agreement Financial Information

Australian-law confidentiality agreement template for protecting sensitive financial information shared during business transactions and professional engagements.

find out more

Confidentiality Letter

An Australian-law Confidentiality Letter establishing legally binding confidentiality obligations between parties sharing sensitive information.

find out more

Salary Non Disclosure Agreement

An Australian-compliant agreement establishing employee obligations to maintain the confidentiality of salary and compensation information.

find out more

Real Estate Confidentiality Agreement

An Australian-compliant confidentiality agreement for protecting sensitive information in real estate transactions and property-related dealings.

find out more

Real Estate Agent Confidentiality Agreement

An Australian-compliant confidentiality agreement for real estate professionals handling sensitive property and client information.

find out more

Limited Disclosure Agreement

An Australian law-governed agreement that specifically defines and controls permitted disclosures of confidential information while prohibiting others.

find out more

Intern Non Disclosure Agreement

Australian-compliant Non-Disclosure Agreement for interns, protecting company confidential information while acknowledging the educational nature of internships.

find out more

Employee Innovation And Proprietary Information Agreement

An Australian agreement protecting employer IP rights and confidential information in employment relationships, ensuring compliance with federal IP and employment laws.

find out more

Employee Exit NDA

An Australian-compliant Non-Disclosure Agreement for departing employees, protecting company confidential information while adhering to Australian employment law requirements.

find out more

Confidentiality And Restraint Of Trade Agreement

An Australian law-governed agreement combining confidentiality obligations and restraint of trade provisions to protect business interests and confidential information.

find out more

Confidentiality Agreement In Clinical Trials

Australian-jurisdiction Confidentiality Agreement for clinical trials, ensuring protection of sensitive trial data and compliance with local regulations.

find out more

Three Way NDA

An Australian law-governed three-way confidentiality agreement protecting information shared between multiple parties in business transactions.

find out more

Reciprocal Non Disclosure Agreement

An Australian-law governed mutual confidentiality agreement establishing reciprocal obligations between parties to protect shared confidential information.

find out more

Privacy And Confidentiality Agreement

Australian Privacy and Confidentiality Agreement ensuring protection of confidential information and personal data under Australian privacy laws and regulations.

find out more

Privacy Agreement Form

An Australian-compliant Privacy Agreement Form that governs the collection, use, and protection of personal information under the Privacy Act 1988 and APPs.

find out more

Non Disclosure Non Solicitation Agreement

An Australian-law governed agreement protecting confidential information and preventing solicitation of employees, clients, and business partners.

find out more

Non Disclosure Agreement Property

An Australian-jurisdiction Non-Disclosure Agreement for protecting confidential information in property-related transactions and dealings.

find out more

Non Competition Non Solicitation And Confidentiality Agreement

An Australian law-governed agreement combining non-compete, non-solicitation, and confidentiality provisions to protect business interests while ensuring compliance with local restraint of trade principles.

find out more

Non Circumvention Agreement

An Australian law agreement preventing parties from bypassing each other in business dealings and protecting shared business relationships and opportunities.

find out more

Indefinite Confidentiality Agreement

An Australian law-governed Indefinite Confidentiality Agreement establishing permanent obligations to protect confidential business information and trade secrets.

find out more

Employee Proprietary Information Agreement

An Australian law-governed agreement protecting employer's confidential information and intellectual property rights in employment relationships.

find out more

Confidentiality Agreement In Business Plan

An Australian law-governed agreement protecting confidential business plan information shared between parties, ensuring its secure handling and limited use.

find out more
See more related templates

Genie’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; Genie’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

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

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

2 Docs LeftAccess Now