关于商业销售中保密协议需要知道的5件事

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如果你一直在考虑卖掉你的betway必威沙巴体育, you've probably heard of the importance of keeping the sale confidential, 或者不让消息传出去. 

The idea of sharing information about your business with prospective buyers might worry you.

签订保密协议(NDA), a tool used to help filter for quality buyers and protect your information. 

At MidStreet, we require each prospective buyer to sign an NDA and fill out a 问卷调查 before we disclose information about any of our business listings. This process has helped us achieve zero breaches of confidentiality in the history of our company.  

This article will explain what a non-disclosure agreement is, 为什么它很重要, and how it can prevent knowledge of the sale from falling into the wrong hands. You will be able to use this information to protect your confidentiality and sell your business successfully. 

让我们跳. 

1. What is a Non-Disclosure Agreement in The Sale of a Business? 

A non-disclosure agreement (NDA) prevents buyers from leaking information about your company during the sale of your business by legally binding them to keep what they learn about the business confidential

The NDA stops prospective buyers from telling people who could potentially leak the information to customers, 竞争对手, 或员工, which could threaten the stability of your business and the sale. 

Read this article about why maintaining confidentiality in your business sale is important: “保密 When Selling Your Business: The Ultimate Guide.” 

2. 谁起草了保密协议,谁签署了?

Once your business is listed on broker sites, merger and acquisition sites, or 在线商业列表网站 如bizbuysell.届时,买方将垂询. 

作为 买方审查过程, prospective buyers will be asked to sign an NDA and fill out a buyer 问卷调查. 

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The NDA is usually provided by your broker and then reviewed by your attorney, but your attorney can also draft one for you if you would like.

如果你没有经纪人或M&A advisor, you can also find an NDA online and have your attorney review it. 不管你从哪里拿到保密协议, you should have your legal counsel review it to ensure that it does not contain language that legally binds you to terms you do not explicitly agree to. 

3. 为什么保密协议很重要?

As we mentioned above, a non-disclosure agreement will protect the confidentiality of your sale. The NDA reduces the likelihood that customers and employees leave, stabilizing the business. 

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Even if you trust a buyer, you should still have them sign an NDA. This ensures that if something goes wrong and information is leaked, you are protected.

Non-disclosure agreements also serve as a way to remind buyers of the promise they are making to keep your information confidential and the repercussions they will face if they don’t. 

NDA’s can be tough to enforce since it’s often difficult to determine where the leak of information came from. 然而, 尽管保密协议很难执行, they are still a crucial part of the 买方审查过程. 

如果买家不签署保密协议, they can legally do whatever they want with the information they learn about your sale. 

Non-disclosure agreements can also help build anticipation to learn more about your business. 

4. 保密协议包含哪些信息?

A non-disclosure agreement will usually cover the following items: 

  • 其中一段
  • 经纪人的角色/顾问的声明 
  • 使用的信息 
  • 返回的信息 
  • 某些信息的例外情况 
  • 没有义务 
  • 规避 
  • 术语 

Knowing what an NDA typically includes will help you determine what parts of your NDA you are and are not willing to negotiate.  

5. 保密协议可以协商吗? 

保密协议的条款通常都要协商吗? 

It will come down to the size of your business and each buyer. 

对于更大的交易, some buyers will have attorneys on staff to review the legal documents such as NDA’s. If there are any terms they want to negotiate, they will redline the NDA and send it back. 

然而, 作为卖方, you will ultimately get to choose if you agree to a buyer’s revisions on your NDA. 在某些情况下, negotiation of the NDA’s terms can set the tone for negotiations throughout the entire deal. 

If the buyer suggests large revisions to the NDA and you accept all of them, they may feel as though they have the upper hand in negotiations. If you accept a few suggestions and push back on some, it can warrant more respect from the buyer for future negotiations. 

What if you don’t want to agree to any of the suggested terms? 

You can decline the revisions and the buyer may still sign the NDA. Use your own judgment based on how good of a fit you feel the buyer is for your business. 

用保密协议保护你销售的机密性

销售的保密是很重要的, which is why it is key that you have prospective buyers sign a non-disclosure agreement to keep information about your sale private. 

现在你知道保密协议是什么了, 为什么它有用, 以及它如何保护你的隐私, 下一步是学习如何正确地 兽医的买家.

Find out more about the different types of buyers that could purchase your business by reading our blog “5种类型的买家为您的业务” 

If you are interested in selling your business and want to learn about how you can maintain your confidentiality, 打电话给我们 在MidStreet合并 & 今天的收购.  

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