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I am about to prepare a founders agreement to be signed by the founding team. Now, once we have the founders agreement, do we still need the NDA for each founders?

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Is your founders agreement reviewed by a competent lawyer? To answer your question, if it contains conditions about confidentiality, then no NDA is needed. Remember that an NDA (or any contract) is between parties, so if you don't have a corporation, who is pledging confidentiality to whom and who owns what? – Alain Raynaud Dec 6 '11 at 17:23
Alain, you have very good points - I don't have a corporation yet although I am working on it (still trying to decide whether to go with LLC or C-corp). I also didn't talk to any laywer yet. At this moment, I mainly want some level of protection to the IP that I am working on. – tom Dec 6 '11 at 17:45

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The founder's agreement should contain the equivalent of an NDA rather than it being a separate document. An NDA is generally used when there is not another agreement in place, eg, where two companies want to discuss a potential business deal. For example, when you hire an employee, the employment contract has confidentiality provisions and you don't ask the employee to sign a separate NDA.

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