Contract with an unincorporated company


A Private Limited Company wants to enter into a Non-Disclosure Agreement with a Company which is in process of incorporation.

Can these two entities enter into a contract?

If not, then what is the solution?

 
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Why not? Unless it unregistered partnership! As long as other party is capable of entering into a contract, you can go ahead. The to-be company shall be the successor and hence shall have to oblige. You can add a clause to that effect if you want to make sure your company is not impacted.

 
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There is nothing wrong in entering into such an agreement so long as the terms and conditions are mutually agreed upon and are legally valid.

 
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