Commercial Real Estate Non Disclosure Agreement for Malaysia

Commercial Real Estate Non Disclosure Agreement Template for Malaysia

A comprehensive non-disclosure agreement specifically designed for commercial real estate transactions in Malaysia, governed by Malaysian law including the Contracts Act 1950 and relevant property legislation. This document provides robust protection for confidential information exchanged during property transactions, including property valuations, financial data, tenant information, development plans, and other sensitive commercial information. It incorporates specific provisions addressing local property laws and regulations while ensuring compliance with Malaysian data protection requirements.

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What is a Commercial Real Estate Non Disclosure Agreement?

A Commercial Real Estate Non Disclosure Agreement is essential when parties are engaging in discussions or negotiations involving commercial property transactions in Malaysia. This document becomes necessary during due diligence processes, property valuations, potential sales or leases, or when sharing sensitive information about commercial real estate assets. It protects proprietary information such as financial records, tenant details, property development plans, and market analyses. The agreement is structured to comply with Malaysian legal requirements, including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant real estate regulations. It's particularly crucial in Malaysia's dynamic property market where commercial real estate transactions often involve substantial confidential information exchange between multiple parties.

What sections should be included in a Commercial Real Estate Non Disclosure Agreement?

1. Parties: Identification of all parties involved in the NDA, including full legal names, registration numbers for companies, and addresses

2. Background: Context of the potential real estate transaction or relationship and purpose of the NDA

3. Definitions: Detailed definitions including 'Confidential Information', 'Property', 'Permitted Purpose', and other key terms specific to the real estate context

4. Scope of Confidential Information: Specific details of what constitutes confidential information in the real estate context, including property valuations, tenant information, development plans, etc.

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors, agents, or as required by law

7. Term and Survival: Duration of the confidentiality obligations and which provisions survive termination

8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends or upon request

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

What sections are optional to include in a Commercial Real Estate Non Disclosure Agreement?

1. Data Protection Compliance: Section addressing compliance with Personal Data Protection Act 2010, used when confidential information includes personal data

2. Property Specific Provisions: Additional provisions specific to the type of property (e.g., strata title, development land), used when the property has unique characteristics

3. Third Party Rights: Provisions regarding rights of third parties, used when other parties (e.g., property managers, facilities managers) may need access to information

4. Non-Circumvention: Prevents parties from bypassing each other in the transaction, used in broker or agent relationships

5. Electronic Information Security: Specific provisions for protecting digital information, used when significant electronic data is involved

6. Publicity and Announcements: Restrictions on public statements about the potential transaction, used for high-profile properties or sensitive negotiations

What schedules should be included in a Commercial Real Estate Non Disclosure Agreement?

1. Schedule 1 - Property Details: Detailed description of the property or properties covered by the NDA

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Specific Categories of Confidential Information: Detailed categorization of what constitutes confidential information for this specific property

4. Appendix A - Information Handling Protocols: Specific procedures for handling, storing, and transmitting confidential information

5. Appendix B - Permitted Purpose Details: Detailed description of the permitted purpose and scope of use for the confidential information

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

Malaysia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Banking & Finance

Property Development

Property Management

Retail

Hospitality

Healthcare

Manufacturing

Logistics & Warehousing

Professional Services

Technology & Data Centers

Relevant Teams

Legal

Real Estate

Investment

Finance

Operations

Risk & Compliance

Property Management

Asset Management

Business Development

Acquisitions

Due Diligence

Relevant Roles

Real Estate Director

Property Manager

Investment Analyst

Legal Counsel

Chief Financial Officer

Development Manager

Asset Manager

Facilities Manager

Real Estate Broker

Property Valuer

Acquisition Manager

Portfolio Manager

Leasing Executive

Due Diligence Specialist

Risk Management 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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