Brooklyn, NY asked in Mergers & Acquisitions for New York

Q: If someone has expressed interest in buying my company should I have them sign an NDA before we talk specifics?

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3 Lawyer Answers

Donovan A Rodriques

  • New York, NY
  • Licensed in New York

A: In order to guard the proprietary information of the business, it is generally best practice to enter into a NDA before you begin to disclose specifics. Make sure to consult with a mergers and acquisitions lawyer regarding the specific considerations when negotiating an NDA.

Jonathan R. Roth


A: Yes. Before you give them any information you should have them sign a NDA and even then limit the information until at least an offer subject to due diligence is made.

Ali Shahrestani, Esq.

  • San Francisco, CA
  • Licensed in New York

A: Yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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