Confidentiality Agreement – The Intermediary’s Role

Confidentiality is the operative word at George & Company. After more than three decades of M&A and selling businesses, we are extremely sensitive to the needs of the client company for the highest levels of discretion and secrecy. Each and every potential buyer is required to execute a non-disclosure/confidentiality agreement and is also required to offer financial preparedness to consummate a transaction of the nature contemplated. In the case of smaller companies for sale, we also may require the buyer to do a credit check. Only after these steps are completed is the buyer presented with any information regarding the client company.

This agreement prohibits the release of any information (unless in the public domain) to anyone except their attorney and/or accountant. Both of these professional groups follow a Code of Ethics which prevents them from disclosing any information. We also ask that personal financial statements and corporate balance sheets are supplied to ascertain the buyer’s financial ability to consummate the transaction being contemplated.  The background of the buyer and/or the investment/equity group they represent are also important to determine whether they may be a strategic fit. If there is a question about giving information to anyone within the client’s industry, we ask our client for client permission first.