The NDA For Investors is a crucial legal document used when companies are seeking investment and need to share sensitive business information with potential investors. This template is specifically designed for use under Maltese law and incorporates requirements from both local legislation and EU regulations, including GDPR and financial services requirements. It's particularly relevant for companies based in or operating through Malta, especially those in regulated industries or dealing with international investors. The document typically covers detailed provisions for handling confidential information during due diligence, investment negotiations, and related discussions, while ensuring compliance with Maltese corporate law and EU regulations. It includes specific provisions for protecting trade secrets, financial data, and other sensitive business information, making it suitable for various types of investment scenarios, from venture capital to private equity investments.
NDA For Investors for Malta
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Key Requirements PROMPT example:
NDA For Investors
"I need an NDA for Investors under Maltese law for my tech startup, as we're planning to share our AI technology details with venture capital firms in March 2025; the document needs to include strong IP protection clauses and digital security measures."
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1. Parties: Identification of the disclosing party (typically the company) and the receiving party (the potential investor)
2. Background: Context of the potential investment opportunity and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Investment Purpose', 'Representatives', and 'Affiliate'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Core obligations regarding the use, protection, and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with representatives and advisors
7. Data Protection Compliance: Obligations regarding GDPR and Maltese data protection law compliance
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and surviving obligations
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Inside Information Provisions: Additional provisions for listed companies regarding market abuse regulations and insider dealing
2. Intellectual Property Rights: Specific provisions protecting IP rights when technical or proprietary information is involved
3. Digital Information Security: Specific requirements for handling digital information and cybersecurity measures
4. Securities Trading Restrictions: For listed companies, restrictions on trading in company securities while in possession of confidential information
5. Reverse Confidentiality: When investor also shares confidential information with the company
6. Professional Advisers Undertaking: When professional advisers need to sign separate confidentiality undertakings
7. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations
1. Schedule 1 - Description of Investment Opportunity: Detailed description of the potential investment opportunity or transaction
2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for additional confidentiality undertakings by representatives or advisers
5. Appendix B - Data Processing Requirements: Specific requirements for processing personal data under GDPR and Maltese law
Authors
Relevant legal definitions
Confidential Information
Investment Purpose
Permitted Purpose
Affiliate
Associated Person
Representatives
Personal Data
Group
Disclosed Information
Inside Information
Trade Secret
Intellectual Property Rights
Permitted Recipients
Professional Advisers
Data Protection Laws
Evaluation Material
Business Day
Disclosing Party
Receiving Party
Investment Opportunity
Confidentiality Undertaking
Controlled Persons
Material Non-Public Information
Financial Information
Business Information
Technical Information
Marketing Information
Strategic Information
Due Diligence Materials
Proprietary Information
Investment Purpose
Permitted Purpose
Affiliate
Associated Person
Representatives
Personal Data
Group
Disclosed Information
Inside Information
Trade Secret
Intellectual Property Rights
Permitted Recipients
Professional Advisers
Data Protection Laws
Evaluation Material
Business Day
Disclosing Party
Receiving Party
Investment Opportunity
Confidentiality Undertaking
Controlled Persons
Material Non-Public Information
Financial Information
Business Information
Technical Information
Marketing Information
Strategic Information
Due Diligence Materials
Proprietary Information
Clauses
Confidentiality Obligations
Permitted Use
Permitted Disclosure
Data Protection
Information Security
Return or Destruction of Information
Non-Circumvention
Non-Solicitation
Term and Termination
Survival
Inside Information Handling
Market Abuse Prevention
Remedies
Indemnification
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Representatives' Obligations
Intellectual Property Protection
Securities Trading Restrictions
Professional Secrecy
Regulatory Compliance
Permitted Use
Permitted Disclosure
Data Protection
Information Security
Return or Destruction of Information
Non-Circumvention
Non-Solicitation
Term and Termination
Survival
Inside Information Handling
Market Abuse Prevention
Remedies
Indemnification
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Representatives' Obligations
Intellectual Property Protection
Securities Trading Restrictions
Professional Secrecy
Regulatory Compliance
Relevant Industries
Financial Services
Technology
Real Estate
Manufacturing
Healthcare
Gaming and iGaming
Maritime
Pharmaceuticals
Renewable Energy
E-commerce
Telecommunications
Professional Services
Biotechnology
Infrastructure
Tourism and Hospitality
Relevant Teams
Legal
Finance
Compliance
Corporate Development
Investment Relations
Executive Leadership
Risk Management
Data Protection
Corporate Secretariat
Business Development
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Investment Manager
Corporate Development Director
Business Development Manager
Compliance Officer
Data Protection Officer
Company Secretary
Investment Relations Manager
Private Equity Manager
Venture Capital Associate
Due Diligence Manager
Risk Manager
Corporate Finance Director
M&A Director
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