Preparing to sell your business: 5 tips from a seasoned lawyer

When you’re about to sell your business it’s vital to be well prepared in advance of putting it on the market. This not only avoids costly delays but could also maximize the value of your business… Get your lease in order If you lease premises it’s important to review your current leasehold arrangements and determine: […]

How to become an entrepreneur and live your dream life

Do you dream of a life where you can choose your own working hours, be location independent and make your mark on the world? Are you creative, driven and inspired to take action when you see a good opportunity? Do you want to quit your nine to five office job and spend your time doing […]

Be your own boss: online entrepreneurship vs shopfront owner

When you decide to be your own boss, you need to choose to either start your business online, offline or a combination of both. The rise of technology has undoubtedly changed the landscape of business ownership in Australia, but experts say that human touch is far from becoming extinct. In both lay opportunities and even […]

Valuing a business: the components that form a business’ overall value

Business value is an informal term that describes the value that defines the well-being and overall health of a business in the long run. Business value is primarily made up of the goodwill in the business, alongside the plant and equipment value and the stock in trade. However, there is less obvious intellectual property as well […]

How much is my business worth?

If you’re wondering “how much is my business worth” chances are that you have spoken to one or two business brokers. You have had a few meetings and maybe you received an estimation of the value of your business. There are methods to valuing a business for its actual worth. Besides that, many aspects need […]

Business Succession Plan: Do I Need One?

There are several reasons why a business owner should need a business succession plan. Whether it’s planning to sell or planning to pass the business to a family member. For example, when you decide you no longer want to continue. Specific plans should be in place to make any transition smooth and efficient. Otherwise known […]

Sell my business: everything you need to know

“Sell my business or wait a little longer?” A question that arises to many established business owners at least every now and then. What is the right time and which surprises can you exclude by doing sufficient prep-work? Selling your business can be daunting at times. In our experience, it is best to fully understand […]

CONFIDENTIALITY DISCLOSURE AGREEMENT

  • The disclosers are willing to disclose such information to the recipient subject to their acceptance of the following conditions:
    1. The recipient shall treat all information received from the discloser as confidential and shall ensure that all such information remains confidential and shall not use any such information in any way other than for the specific purpose aforesaid. The recipient acknowledges that all conditions subsequent in this disclosure apply to the recipient and any associates of the recipient be they partners, co‐directors, trustees, holders of shares or officersin entity(s) the recipient has interest in.
    2. The obligations of paragraph 1 shall not extend to any such information which is in the public domain, or which hereafter becomes part of the public domain otherwise than as a result of any unauthorised activity or omission of the recipient, or which is already in the possession of the recipient and was not derived from the disclosers.
    3. The recipient shall return all such information received other than that which is submitted orally at the termination of such negotiations entered into as a result of this agreement.
    4. The obligations set forth in paragraph 1, 2 and 3 shall terminate 12 months from the date of this agreement or upon the disclosers and the recipients entering into an agreement whichever event occursfirst.
    5. The recipient shall obtain no rights of any kind to such information other than for the specific purpose stated in this agreement.
    6. The receiving party will not utilise any material made available to improve, construct or change another business, in such a way as to allow that business to compete with the business being discussed.
    7. The recipient understands that the information has been compiled by GMO from details provided by the Vendor. Prospective purchasers should be aware that it is not intended that any projections or this information be treated as a representation, warranty or promise by GMO or its representatives, as to the correctness of the information, or that all relevant information is contained in the information provided.
    8. The recipient acknowledges that they will not act on information provided without first seeking independent financial and legal advice.
    9. The recipient hereby agrees to declare any beneficial interest in any business that could currently be interpreted as being in competition with the subject business.
    10. The recipient agrees to return all documents supplied within 50 days of receipt (and any copies) should they decide not to proceed. The recipient further agrees to destroy any electronic information supplied by the Seller or GMO and to instruct their professional advisors to also destroy any information passed on by the Seller, the recipient or from GMO.
    11. The recipient acknowledges they are precluded from physically visiting the premises of the business or talking to any client, supplier or employee of the business without the permission of the discloser.
    The recipient/s hereby accepts the above conditions as binding on them in respect of the information referred to.
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