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Financial Non Disclosure Agreement Template for New Zealand

This document is a comprehensive Financial Non-Disclosure Agreement governed by New Zealand law, designed to protect confidential financial information shared between parties in financial transactions, investments, or business relationships. It incorporates key requirements from New Zealand's Privacy Act 2020, Financial Markets Conduct Act 2013, and Contract and Commercial Law Act 2017, providing robust protection for sensitive financial data while ensuring compliance with New Zealand's financial services regulations and privacy laws.

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What is a Financial Non Disclosure Agreement?

This Financial Non-Disclosure Agreement is essential for protecting confidential financial information in New Zealand business contexts. It should be used when parties need to share sensitive financial data, including investment strategies, financial forecasts, pricing models, or transaction details. The agreement is specifically structured to comply with New Zealand law, including the Financial Markets Conduct Act 2013 and Privacy Act 2020. It provides comprehensive protection for confidential financial information while facilitating necessary business discussions and due diligence processes. The document is particularly relevant for financial institutions, investment firms, and companies engaging in financial transactions where confidential information needs to be shared but protected.

What sections should be included in a Financial Non Disclosure Agreement?

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Defines key terms including 'Confidential Information', 'Financial Information', 'Authorized Personnel', and other relevant terms

4. Scope of Confidential Information: Clearly specifies what constitutes financial confidential information under the agreement

5. Obligations of Confidentiality: Details the receiving party's obligations to maintain confidentiality and permitted uses of the information

6. Security Measures: Specifies required security measures for protecting confidential information

7. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed, including to authorized personnel and legal requirements

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

9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

10. Breach and Remedies: Specifies consequences of breach and available remedies including injunctive relief

11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Financial Non Disclosure Agreement?

1. Data Privacy Compliance: Additional provisions for compliance with Privacy Act 2020 when personal financial information is involved

2. Insider Trading Prevention: Special provisions when information could constitute inside information under the Financial Markets Conduct Act

3. Third Party Disclosure: Additional provisions for when confidential information needs to be shared with specific third parties like advisors or auditors

4. International Transfer of Information: Provisions governing cross-border transfer of confidential information

5. Digital Information Security: Specific provisions for protecting digital information and cybersecurity requirements

6. Regulatory Disclosure: Procedures for handling regulatory disclosure requirements

7. Competitive Restrictions: Additional non-compete or non-solicitation provisions if relevant to the financial relationship

What schedules should be included in a Financial Non Disclosure Agreement?

1. Schedule 1 - Specified Confidential Information: Detailed list of specific financial information covered by the agreement

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access the confidential information

3. Schedule 3 - Security Protocols: Detailed security requirements and protocols for handling the confidential information

4. Schedule 4 - Approved Third Party Recipients: List of pre-approved third parties who may receive the confidential information

5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized personnel to sign

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

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use

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