North Dakota Non-Solicitation Agreement

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Updated December 16, 2021

A North Dakota non-solicitation agreement is a contract between business partners or the buyer and seller of a business that aims to protect the interests of the business against competitors. It limits the sharing of confidential information and establishes rules for soliciting customers, clients, contractors, or employees in the sale or dissolution of a business or business partnership. Sometimes it can also include restrictions for accepting new employment with a direct competitor. All conditions of the agreement must be held to a specific time period, geographic territory, and list of goods or services.

Legally Enforceable in North Dakota? 

Yes, non-solicitation agreements have been held to be enforceable in North Dakota where they would limit a former employee’s ability to solicit former co-workers to leave the employer. (Warner and Company v. Solberg, 634 N.W.2d 65, 73 (N.D. 2001)). Other provisions may be possible in agreements emerging from the sale and purchase of a business or the dissolution of a business or partnership (N.D. Cent. Code §9- 08-06).