This Financial Non-Disclosure Agreement is essential for businesses operating in Malaysia's financial sector where sensitive financial information needs to be shared between parties. The document is specifically designed to comply with Malaysian legal requirements, including the Financial Services Act 2013, Personal Data Protection Act 2010, and where relevant, the Islamic Financial Services Act 2013. It is particularly useful in situations involving financial transactions, due diligence processes, financial advisory services, or any scenario where confidential financial information needs to be protected. The agreement includes specific provisions for both conventional and Islamic financial practices, making it suitable for Malaysia's dual banking system. It covers the protection of various types of financial information including trading data, investment strategies, customer information, pricing models, and proprietary financial methodologies.
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1. Parties: Identification of all parties to the agreement, including registered addresses and company registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of information sharing
3. Definitions: Detailed definitions of terms used, particularly 'Confidential Information', 'Financial Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and financial data covered by the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific security protocols and measures required for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Islamic Finance Compliance: Required when dealing with Shariah-compliant financial institutions or products
2. Digital Information Handling: Specific provisions for electronic storage and transmission of confidential information
3. Group Company Provisions: Required when either party needs to share information with affiliated companies
4. Insider Trading Prevention: Necessary when confidential information might include price-sensitive information about public companies
5. Data Protection Compliance: Detailed PDPA compliance provisions when personal data is involved
6. Cross-Border Information Transfer: Required when confidential information may be transferred outside Malaysia
7. Non-Solicitation: Optional restrictions on soliciting employees or clients, if relevant to the financial relationship
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of financial and confidential information covered
2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information
4. Schedule 4 - Information Return/Destruction Procedures: Specific procedures for return or destruction of confidential information
5. Appendix A - Standard Non-Disclosure Certificate: Template certificate for representatives to sign acknowledging confidentiality obligations
6. Appendix B - Information Classification Guide: Guide for classification levels of different types of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Insurance
Investment Management
Islamic Finance
Fintech
Wealth Management
Asset Management
Private Equity
Venture Capital
Financial Advisory
Securities Trading
Risk Management
Corporate Finance
Financial Technology
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Investment
Corporate Development
Mergers & Acquisitions
Financial Operations
Audit
Islamic Banking
Wealth Management
Portfolio Management
Financial Advisory
Corporate Finance
Relevant Roles
Chief Financial Officer
Financial Controller
Investment Manager
Financial Analyst
Risk Manager
Compliance Officer
Legal Counsel
Financial Advisor
Investment Banker
Fund Manager
Corporate Treasurer
Financial Director
Audit Manager
Chief Investment Officer
Banking Officer
Islamic Finance Specialist
Financial Operations Manager
Portfolio Manager
Wealth Manager
Credit Analyst
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