Public announcement: Overview, definition and example

What is a public announcement clause?

A public announcement clause is a provision in a contract that sets the rules and procedures for making public statements or announcements related to the agreement. It typically outlines who is authorized to speak on behalf of the parties involved, when the announcement can be made, and what information can be disclosed. This clause is common in business transactions, especially when the deal involves sensitive information or regulatory compliance.

Why is a public announcement clause important?

A public announcement clause is important because it helps manage the timing and content of public communications, protecting the interests of all parties involved. It ensures that the right people are making statements, reduces the risk of unauthorized leaks, and prevents confusion or misinformation. For businesses, this clause helps maintain control over how their brand or the terms of the agreement are represented in the media.

Understanding a public announcement clause through an example

Imagine two companies, Company A and Company B, are finalizing a merger. The public announcement clause in their agreement specifies that neither company can publicly announce the merger until both boards have approved the final terms. This prevents either company from prematurely revealing the deal to the public or to competitors.

In another case, a business partnership agreement might require that any announcement regarding a new product launch be approved by both parties to ensure consistency in messaging and to avoid conflicting statements.

Example of a public announcement clause

Here’s how a public announcement clause might look in a contract:

“Neither party shall make any public announcement regarding this Agreement without the prior written consent of the other party, except as required by law or regulation. Any approved announcements shall be made in a manner mutually agreed upon by the parties.”

Conclusion

A public announcement clause is essential for managing how and when a business or legal event is communicated to the public. By including this clause in contracts, parties can maintain control over sensitive information and ensure consistent messaging. It’s a key tool for managing communications and protecting both parties’ interests in any agreement.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.