Memorandum of Understanding
A Memorandum of Understanding (MOU) is a written document that outlines a preliminary agreement between two or more parties regarding the terms of a potential purchase, negotiation, or other transaction.
A Memorandum of Understanding (MOU) is a written document that outlines a preliminary agreement between two or more parties regarding the terms of a potential purchase,
negotiation, or other transaction.
A Memorandum of Understanding
You can use an MOU to document the commitment of one party to do business with another. It describes the principal terms of a proposed agreement and signals that a binding contract is imminent.
How to Write a Memorandum of Understanding (MOU)?
When learning how to write a memorandum of understanding, it’s important to use the following numbered stages:
Title: Begin with a specific opening title such as “Memorandum of Understanding between Jane Smith and John Doe”
Date:Include month, day, and year, showing the date agreement was made, when it goes into effect, and the expected duration
Introduction of parties.Use each party’s full name and address, corporate or organizational title, and any other contact information
Purpose and objectives:Clearly define the purpose of the parties’ agreement; objectives of the MOU must be precisely outlined right at the beginning of the document
Description: Describe the subject matter of the MOU and the reason for its creation
Terms of the agreement: Typically, these fall into two categories: cooperation and resources. First, the agreement generally explains how the parties will cooperate with each other concerning actions to be performed and which party will perform them. The second category involves resources, and what each party brings to the agreement
Responsibilities: Outline what each party must do in order to fulfill the agreement
Miscellaneous:Insert provisions such as dispute resolution options, the method for termination, a non-disclosure agreement, or a privacy clause
Signature block: Include the words, “Acknowledged and Agreed,” with your signatures and the date
Tips For Writing a Memorandum of Understanding
Ways to approach the structure of a MOU
A good approach to the overall writing of an MOU is to examine whether the MOU has answered the basic questions related to who, what, when, where, and how the agreement will play out. It ensures that potential difficulties are addressed and answered.
Another method of structure that could be helpful is to sandwich each agreement between the words “both parties agree” and ending again with “both parties agree.” Sandwiched between those words is the relevant statement each party individually agrees to. It forms a sort of balance by clearly and repeatedly signifying what is expected of each party in the future.
Keep it simple
By writing the MOU in simple terms it will help to ensure that the terms of the agreement are realistic and actually within the scope of the authority of the signing parties. If not, look for the correctly authorized individual who can sign off on the MOU.
Make sure that the wording is precise and succinct. To help with clarity an MOU should be written using positive language. For example, you should state what a party will do, and not what they will not do.
Coordination and review
Be absolutely sure that all parties sign the agreement. When multiple parties are involved, select a point person in charge of drafting the MOU. Consider submitting a draft agreement for coordination and review by sending the draft out to parties alongside a sign-off sheet. This will ensure the draft MOU has been seen and reviewed by all parties.
Is a Memorandum of Understanding legally binding?
No, a memorandum of understanding is not legally binding. It merely signals the willingness of the parties to move forward with a contract based on the initial MOU.
You may wonder why you should bother with an MOU when it’s not legally binding. Writing the MOU is still a significant step because of the time and effort involved in negotiating, discussing, and drafting an effective document. To formulate an MOU, the parties must figure out what is most important to each other and use that information to reach a mutual agreement.
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