Nda

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malvolio replied

11 April 2008, 11:49
Originally posted by Limited View Post

Thanks for the replies.

I've just noticed that the NDA states My Name of Client Consultancy. Should I be looking to get this changed to My Name of My Co or does it not really matter?

When I've subcontracted for this consultancy in the past, I've always made the end client aware that I am a subcontractor.

Does this make any difference for IR35?

Anything that distinguishes you from the client's employees is a good thing. Snag is, that assumes the IR35 case will be about you and the end client: Hector could as easily decide the consultancy is your "employer", in which case... One of the early IR35 wins was for exactly that reason: Hector put Fomoco as the client; had he used the supplying IT consultancy instead he would almost certainly have won.

So, rather bizarrely, this is probably the one case where signing it personally is the better option!
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Limited replied

11 April 2008, 11:43
Thanks for the replies.

I've just noticed that the NDA states My Name of Client Consultancy. Should I be looking to get this changed to My Name of My Co or does it not really matter?

When I've subcontracted for this consultancy in the past, I've always made the end client aware that I am a subcontractor.

Does this make any difference for IR35?
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malvolio replied

11 April 2008, 11:31
The usual rule applies - if you have to do something personally that everyone, employee or contractor, has to do personally in order to do the job, then it's not an IR35 pointer either way.

HTH
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ASB replied

11 April 2008, 10:42
Originally posted by Limited View Post

My client is a consultancy and my company is subcontracting part of a large project to one of their clients.

I've been asked to personally sign an NDA by the end client.

Does anyone know if this is particularly unusual? Should I be insisting that I sign it on behalf of my company rather than as an individual?

I'm guessing that in itself its not a big IR35 issue (eg any substitute I provide would also be asked to sign the NDA) but establishing a relationship between myself as an individual and the end client made me a bit nervous. Any thoughts? Any suggestions where I can go to get a definitive answer?

thanks

In my current permanent role I have to personally sign a number of NDA's. The company also has to sign.

Same was true when I was contracting, however I would check the wording of the NDA so that it wasn't creating a direct link between me and the end client.

If an individual does not personally sign an NDA then they cannot be bound by it if they leave the employer.
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Sockpuppet replied

11 April 2008, 10:41
Ask HMRC for a definitive answer in writing.

I'd say its a moot point though.
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b0redom replied

11 April 2008, 10:07
I had to do this. I caved on the fact that I (personally) have to have a security check and sign the official secrets act to be onsite at ClientCo, the NDA is just an extension of this but IANAL.
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Limited started a topic Nda

11 April 2008, 09:08
Nda

My client is a consultancy and my company is subcontracting part of a large project to one of their clients.

I've been asked to personally sign an NDA by the end client.

Does anyone know if this is particularly unusual? Should I be insisting that I sign it on behalf of my company rather than as an individual?

I'm guessing that in itself its not a big IR35 issue (eg any substitute I provide would also be asked to sign the NDA) but establishing a relationship between myself as an individual and the end client made me a bit nervous. Any thoughts? Any suggestions where I can go to get a definitive answer?

thanks
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