A Non-Disclosure Agreement (NDA) does not require compulsory registration in India. NDAs are typically enforceable as long as they are in writing and signed by both parties. The Indian Contract Act of 1872 governs the enforceability of NDAs based on the principles of contract law, including mutual consent and lawful consideration.
However, while registration is not mandatory, there are a few points to consider:
- Evidence and Enforcement: Although registration is not required, having a written and signed NDA helps in providing clear evidence of the agreement's terms and can aid in enforcement in case of disputes.
- Stamp Duty: NDAs must be executed on stamp paper of appropriate value per the Stamp Act applicable in the relevant state. The stamp duty varies by state, and ensuring proper stamping is crucial for the NDA's enforceability.
- Registration for Certain Agreements: While NDAs themselves don’t need to be registered, if they are part of a broader agreement or contract that requires registration (such as a property lease or sale agreement), then the NDA might be registered along with the main agreement.