The Disclosure of Settlement Agreement is a vital document used when parties need to share specific information from a confidential settlement while maintaining overall confidentiality. This document type is particularly relevant in Hong Kong's sophisticated business environment, where complex commercial relationships often require careful management of sensitive information. It becomes necessary when settlement details need to be disclosed to regulators, professional advisors, corporate affiliates, or other authorized parties. The agreement ensures compliance with Hong Kong legal requirements while protecting confidential information, typically including detailed provisions about permitted disclosures, recipient obligations, and consequences of unauthorized disclosure. It's commonly used in scenarios involving listed companies, regulatory reporting requirements, or corporate restructuring where selective disclosure is necessary.
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1. Parties: Identifies all parties to the disclosure agreement, including the original settlement parties and any new parties being granted disclosure rights
2. Background: References the original settlement agreement and explains the context and need for this disclosure agreement
3. Definitions: Defines key terms including 'Confidential Information', 'Permitted Disclosures', 'Authorized Recipients', and other relevant terms
4. Scope of Permitted Disclosure: Details what specific information from the settlement agreement may be disclosed
5. Authorized Recipients: Identifies and categorizes who may receive the disclosed information
6. Conditions of Disclosure: Specifies any conditions that must be met before disclosure (e.g., notice requirements, confidentiality agreements)
7. Confidentiality Obligations: Outlines ongoing confidentiality obligations for recipients of the disclosed information
8. Duration: Specifies how long the disclosure permissions and restrictions remain in effect
9. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement provisions
1. Regulatory Compliance: Required when disclosures are being made to comply with specific regulatory requirements or legal obligations
2. Media Communications: Include when public statements or media releases about the settlement are permitted
3. Professional Advisors: Specific provisions for disclosure to legal, financial, or other professional advisors
4. Corporate Disclosure: Required for listed companies or when corporate governance requires specific disclosures
5. Intellectual Property: Include when settlement involves IP rights and specific terms about their disclosure
6. Data Protection: Required when personal data is involved in the settlement and subsequent disclosure
1. Schedule 1 - Permitted Information: Detailed list of specific information from the settlement agreement that may be disclosed
2. Schedule 2 - Authorized Recipients: Comprehensive list of individuals, entities, or categories of persons authorized to receive the disclosed information
3. Schedule 3 - Form of Confidentiality Undertaking: Template confidentiality agreement to be signed by recipients of disclosed information
4. Schedule 4 - Disclosure Protocol: Step-by-step procedure for implementing and documenting disclosures
5. Appendix A - Original Settlement Agreement Reference: Relevant excerpts or references from the original settlement agreement that relate to confidentiality and disclosure
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