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?


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.


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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