A noncom petition agreement, also known as a non-compete agreement or covenant not to compete, is a legal contract used by small businesses in Missouri to protect their trade secrets, confidential information, and goodwill from being divulged or exploited by former employees or business partners. This agreement aims to restrict individuals associated with the business from engaging in activities that could harm the company's interests, such as starting a competing business or working for a competitor. In Missouri, there are two primary types of noncom petition agreements that small businesses commonly utilize: the employment noncom petition agreement and the business sale noncom petition agreement. 1. Employment Noncom petition Agreement: The employment noncom petition agreement is a contract signed between an employer and an employee, which imposes restrictions on the employee's ability to compete with the business during and after the employment relationship. This agreement typically outlines the duration, geographic scope, and nature of activities prohibited for the employee post-employment. It aims to safeguard the company's trade secrets, customer relationships, and other sensitive information from being used by the employee to gain an unfair advantage in the market. 2. Business Sale Noncom petition Agreement: The business sale noncom petition agreement is often executed when a small business owner sells their company to another individual or entity. This agreement ensures that the previous owner will not engage in activities that could undermine the value or success of the business being sold. It may include provisions restricting the former owner from starting a similar enterprise in a certain geographic area or soliciting the previous customers of the business. Both types of noncom petition agreements in Missouri must be carefully drafted to protect the legitimate business interests of the company while being reasonable in scope and duration. The enforceability of these agreements can vary depending on various factors, such as their reasonableness, geographic limitations, and the nature of the business involved. It is essential for small business owners in Missouri to consult with experienced legal professionals to ensure their noncom petition agreements comply with state laws and effectively safeguard their business interests. By having well-drafted and enforceable noncom petition agreements, small businesses can mitigate risks associated with unfair competition, protect their intellectual property, and maintain a competitive edge in the market.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.