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Thursday, October 22, 2015

TNT: How would NDA requirement be satisfied for a Power of Attorney exchange for someone living out of the country?, 22 OCT

Itsawrap
Date: 08:27 AM Oct 22, 2015
How would NDA requirement be satisfied for a Power of Attorney exchange for someone living out of the country?
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Does anyone have any insight into how the issue of the NDA would be handled if an individual with Power of Attorney were to attempt an exchange for someone residing out of the country?  I.e., would the individual residing out of country be required to sign the NDA, and, if so, how might this possibly be satisfied if they were not present during the exchange? Any input would be greatly appreciated.  Thanks in advance.

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Tndr

Posts: 1403
Date: 08:39 AM Oct 22, 2015

This is a guess. It may be that the out of country portion of your scenario may be the biggest issue and may prevent an exchange on a contract rate (reason why NDA is in play). It may be that a POA cannot be part of an exchange with an NDA involved at all? You have an interesting scenario and wish I could help. Resourcing an attorney for proper answers and advice is your best recourse. 

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ATLAST-51

Date: 08:42 AM Oct 22, 2015

When you give someone a Power of Attorney, it's as thought they are standing there signing themselves. If you sign the NDA on their behalf they are restricted to the terms as though they were standing there signing it themselves. This is the reason you need to be VERY careful who you give a Power of Attorney to. 

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