Don’t ask investors for an NDA
13th April 2012 · 3 Comments
If you want to send your executive summary to an investor, don’t ask for a non-disclosure agreement. I was trying to help a company get in front of an investor and we asked for a non-disclosure agreement (investor is not only an investor but operates companies too, and also really more of a PE investor instead of a venture capitalist, clearly in the space and a potential competitor).
Investor’s response: “We’ll pass. Shows JV team and lack of experience on the company’s part.” WOW. We were fully prepared for the investor to say no, but not that reaction. If you don’t ask for it you won’t get it, right? Oh so true but in this case, it killed the opportunity.
I had always understood that West Coast investors would not sign NDAs, so don’t even ask, but that some East Coast investors would. From having worked with East Coast PE firms, I know that NDAs on the East Coast are much more common.
Maybe the game has changed; I’ve never seen such a stark reaction from an investor.
Good advice but I disagree with the PE investors perspective. Not asking to keep a conversation confidential with a potential investor shows more inexperience than asking. Ask any attorney and you’ll get the same recommendation. Secondly, who’s to say the PE firm didn’t miss out on a great opportunity by not signing the NDA. Obviously. I’m speaking from the companies perspective.
Steve, great comment. Know your audience.
Bottom line as an investor I will see 1000′s of deals every year, West or East coast has know bearing. Why put myself up for possibly litigation by signing a document to even LOOK at info?