How to Write a Memorandum of Understanding

An MOU, or memorandum of understanding, is a document that outlines an agreement between two parties. It is not legally binding, but it is a formalised agreement that can be used as a reference point if there are disagreements in the future.

Write a Memorandum of Understanding:

The following steps should be followed to write a memorandum of understanding:

• Step 1: List the full names and titles of the parties to the MoU
• Step 2: Give a brief description of the purpose of the memorandum of understanding
• Step 3: Outline the key commitments and responsibilities of each party
• Step 4: Describe any deliverables or outcomes that are expected as a result of the MoU
• Step 5: Set a timeframe for the memorandum of understanding
• Step 6: Include any other relevant details, such as confidentiality provisions and Miscellaneous provisions, such as choice of law, jurisdiction, waiver of jury trial, costs and attorney’s fees, notices, assignment, amendments, and counterparts
• Step 7: The key stakeholders in the project, collaboration or partnership should also be mentioned in the memorandum of understanding
• Step 8: Each party should sign and date the MoU with the words, Acknowledged and Agreed
• Step 9: Have the memorandum of understanding reviewed by an attorney that VakilSearch can help you with. 

There can be different kinds of MoUs for different agreements, they should contain the following details: 

Joint Venture MoU: 

1. Make a list of the goals and objectives of the joint venture
2. Write down the names of the companies or organisations that will be involved in the joint venture
3. Outline the roles and responsibilities of each party in the joint venture
4. Discuss the financial arrangement of the joint venture
5. Set a timeline for the joint venture
6. Write down the termination conditions of the joint venture
7. Have the joint venture agreement reviewed by a lawyer.

Service MoU: 

A service agreement is a formal document that establishes the terms of a service contract between two parties. The document typically outlines the roles and responsibilities of each party, the duration of the agreement, and the services to be rendered. The sections to be included are:

1. Parties: The first section of an MoU should identify the parties to the agreement. This means that you will need to include the names and contact information of both the service provider and the customer. 
2. Purpose: The second section of an memorandum of understanding should state the purpose of the agreement. This is generally a brief statement of the agreement and should be specific enough that there is no confusion about what is being agreed to. 
3. Scope of Services: The third section of an memorandum of understanding should spell out the scope of services to be provided. This means that you will need to identify what services will be provided, how those services will be provided, and what the expectations are for both parties. 
4. Duration: The fourth section of an memorandum of understanding should identify the duration of the agreement. This means that you will need to specify how long the agreement will last, and what the terms are for renewing or terminating the agreement. 
5. Compensation: The fifth section of an memorandum of understanding should identify how the service provider will be compensated. This means that you will need to specify what the customer will pay for the services, and how those payments will be made.
6. Confidentiality: The sixth section of an MoU should address confidentiality. This means that you will need to specify what information will be considered confidential, and how that information will be protected. 
7. Miscellaneous: The seventh and final section of an memorandum of understanding should address any miscellaneous issues that need to be addressed. This might include things like indemnification, liability, and dispute resolution. 

Once you have drafted the memorandum of understanding, it is important to have it reviewed by an attorney to make sure that it accurately reflects the agreement between the parties and that it complies with all applicable laws which VakilSearch can help you with. 

Outsourcing MoU: 

While you write a memorandum of understanding for Outsourcing the following sections should be included:

1. The Parties: The full legal names of the company and the service provider 
2. The Services: A description of the services to be provided
3. The Term: The length of time the agreement will be in effect 
4. Confidentiality: A clause protecting the confidentiality of the company’s information
5. Ownership: A clause stating that the company owns all the rights to the work product 
6. The Indemnification: A clause protecting the company from liability for the service provider’s actions
7. The Dispute Resolution: A clause stating how any disputes will be resolved.

Asset Purchase MoU: 

While you write a memorandum of understanding for Asset Purchase the following sections should be included:

1. The names and addresses of the parties to the memorandum of understanding
2. A description of the assets to be purchased
3. The purchase price of the assets
4. The payment terms of the purchase 
5. The date of the purchase
6. The date of the MoU
7. Any other terms and conditions of the purchase.

Share Purchase MoU:  

While you write a memorandum of understanding for Share Purchase the following should be included:

1. The names of the parties involved in the MoU
2. The date on which the memorandum of understanding is signed
3. A description of the shares being purchased
4. The purchase price of the shares
5. The payment terms of the share purchase
6. The date on which the share purchase is to be completed
7. Any restrictive covenants governing the share purchase
8. The signatures of the parties involved in the memorandum of understanding.

An MoU for a business relationship:  

While you write a memorandum of understanding for business relationship the following should be included:

1. A description of the business relationship 
2. The objectives of the MoU 
3. The roles and responsibilities of each party 
4. The term of the memorandum of understanding
5. The confidentiality provisions 
6. The dispute resolution provisions.

Also, Read:

• What is the process of MOU?
• How do you create a memorandum of understanding?
• Why is MOU important?