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Say Bob wants to create Acme Inc. in Delaware and keep it secret from the public who the owner/director is. He contracts Alice to be his registered agent, and she signs an NDA.

Rob is desperate to find out who is behind Acme Inc. He makes Alice a very generous offer, and she breaks the NDA.

How much incentive is there for Alice not to do that?

Is there something analogous to "disbarment" which Alice would dread? Would she be liable for a huge fine/penalty, or could Bob win a huge amount through the courts for her mere NDA breach?

(In a nut shell, I am asking how reliable is Delaware's renowned shield for the identities of corporations created in there)

Greendrake
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This can't be answered without knowing what penalties are in the NDA. Large liquidated damages provisions in NDAs are common, as well as a right to injunctive relief and to actual damages if proven. I've written NDAs where the penalties for a breach are $100,000 per violation, in addition to attorneys' fees, injunctive relief, and actual damages.

Being a registered agent isn't itself a licensed profession. But if the registered agent is a lawyer, disclosing client confidences could be career ending for the lawyer.

ohwilleke
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