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6 Steps to Writing a Memorandum of Agreement (MOA) or Memorandum of Understanding (MOU) Step 1: Determine the Appropriate Agreement Type. Step 2: Determine the parties involved in developing the agreement. Step 3: Create a Draft Agreement. Step 4: Submit Draft Agreement for Coordination Review.
Similar to a contract, a memorandum of understanding is an agreement between two or more parties. Unlike a contract, however, an MOU need not contain legally enforceable promises. While the parties to a contract must intend to create a legally binding agreement, the parties to an MOU may intend otherwise.
MOU will only be legally binding when created so that the parties to the Agreement intend to create a legal relationship between them. This Agreement will not be considered a legitimate contract until it satisfies the requirements outlined in section 10 of the Indian Contract Act, which was passed in 1872.
An Agreement is legally binding on the parties, whereas a Memorandum of Understanding is only legally binding on the parties if it is signed in exchange for financial consideration.
Memoranda of Understanding/Agreement (MOU/MOA) MOUs tend to be used for simple common-cause agreements which are not legally binding. MOAs, on the other hand, establish common legal terms that establish a “conditional agreement” where the transfer of funds for services are anticipated.
A memorandum of understanding is an agreement between two or more parties outlined in a formal document. It is not legally binding but signals the willingness of the parties to move forward with a contract.
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