Financial Non Disclosure Agreement Template for Malaysia

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Key Requirements PROMPT example:

Financial Non Disclosure Agreement

"I need a Financial Non-Disclosure Agreement under Malaysian law for my fintech startup to protect confidential information during upcoming investment discussions with venture capital firms, incorporating specific provisions for digital financial data protection and API documentation."

Document background

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.

Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

alex.den.21@genieai.co

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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