Startups Stack Exchange Archive

Who is authorised to sign an NDA on the receiving end?

We sent an NDA to a party and it was returned signed by their sales agent who we had been talking to. Should we insist on it being signed by a someone senior or does it not matter who signs it as long as its one of their employees?

Answer 3228

The sales agent’s signature probably does not mean anything. Only top officers of a company can sign documents that put obligations on that company. You should probably contact their legal department and let them figure out who should sign (that’s what the sales agent should have done in the first place).

Answer 3286

The sales agent should not be the one to sign a NDA. It would be wise to get someone from the upper level to sign the document just in case there is a breach on the NDA, it might not be valid if only the sales agent signed it.

Action: Get the upper level management to sign it to be on the safe side.

Answer 3275

If a company is holding out someone as their authorized agent, and they sign a document under penalty of perjury that are are indeed an authorized agent, then you’re probably in good enough shape.

However, it might be worth the $100 to hire an attorney to give more thorough opinion on the matter.


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