Commercial Real Estate Confidentiality Agreement Template for Malaysia

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Key Requirements PROMPT example:

Commercial Real Estate Confidentiality Agreement

"I need a Commercial Real Estate Confidentiality Agreement for a potential sale of a shopping mall in Kuala Lumpur, where we'll be sharing sensitive tenant information and financial projections with multiple international investors during the due diligence phase starting March 2025."

Document background
The Commercial Real Estate Confidentiality Agreement is essential in Malaysian property transactions where sensitive information needs to be shared between parties during property negotiations, acquisitions, or development projects. This document becomes necessary when parties need to exchange confidential information such as financial statements, tenant details, property valuations, development plans, or strategic business information. Governed by Malaysian law, particularly the Contracts Act 1950 and relevant property legislation, this agreement provides legal protection for proprietary information while facilitating necessary due diligence and business discussions. It is commonly used in the early stages of property transactions, during detailed negotiations, or when engaging with potential investors or partners in real estate ventures.
Suggested Sections

1. Parties: Identification of the disclosing party (typically the property owner/agent) and receiving party, including full legal names and registered addresses

2. Background: Context of the disclosure, typically relating to the potential real estate transaction or development project

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Property'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions and security measures

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

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

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

9. Remedies: Legal remedies available in case of breach, including injunctive relief

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Solicitation: Restrictions on soliciting employees or clients, recommended when the property involves ongoing business operations

2. Exclusivity: Terms regarding exclusive negotiation periods, useful for high-value properties or complex transactions

3. Press Releases and Announcements: Controls on public communications, important for high-profile properties or sensitive transactions

4. Data Protection Compliance: Specific provisions relating to personal data protection under PDPA 2010, necessary when personal data is involved

5. Securities Law Compliance: Required when the property transaction might involve listed companies or regulated securities

6. Anti-Money Laundering Provisions: Additional compliance requirements for high-value transactions or when required by regulatory framework

Suggested Schedules

1. Schedule 1 - Property Details: Specific details of the property or properties covered by the agreement

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

3. Schedule 3 - Security Protocols: Specific security measures required for handling confidential information

4. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations

5. Appendix B - Document Return Certificate: Form to certify return or destruction of 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

Relevant Industries

Real Estate

Property Development

Banking & Finance

Investment Management

Construction

Retail

Hospitality

Industrial & Manufacturing

Healthcare

Professional Services

Relevant Teams

Legal

Real Estate

Investment

Property Management

Acquisitions

Asset Management

Compliance

Risk Management

Finance

Operations

Relevant Roles

Real Estate Manager

Property Development Director

Investment Analyst

Legal Counsel

Chief Investment Officer

Property Acquisition Manager

Asset Manager

Facilities Manager

Real Estate Broker

Due Diligence Officer

Property Valuation Specialist

Investment Director

Commercial Property Manager

Real Estate Portfolio Manager

Compliance 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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