Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Sy.patents (Freelance)     14 December 2010

Confidentiality agreement

Can we enter into confidentiality agreement with another on a plain paper? Or it is required to be executed on a stamp paper? Could anybody guide me to relevant sections of Indian Stamp Duty Act. Under which section or instrument confidentiality agreement falls? and will be duty payable if the agreement is executed in Hyderabad?

Many thanks in anticipation


 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 December 2010

In my opinion is not compulsorily registrable document and on a plaint paper the agreement can be exeucuted

1 Like

Sy.patents (Freelance)     15 December 2010

Thank you very much sir. But in case of any breach of confidentiality can this agreement on plain paper be taken as evidence by courts? I appreciate receiving clarification.

I am breaking my head reading stamp act for any pointers on this, but haven't been able to figure out yet. Are these kinds of instruments exempted from paying stamp duty?

Thanks in anticipation

rashmi_2010 (Advocate/Corporate Consultant)     16 December 2010

Tes this can be taken. Confidentiality agreement need not be registered. Stamp duty is to be paid only when consideration is involved in the agreement, like lese deed sale deed etc. 

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