What is a memorandum of understanding?
A memorandum of understanding, or MOU, is a nonbinding agreement that states each party’s intentions to take action, conduct a business transaction, or form a new partnership. This type of agreement may also be referred to as a letter of intent (LOI) or memorandum of agreement (MOA). Under U.S. law, all three are effectively interchangeable.
When should you draw up an MOU?
If you or your business is in the beginning stages of a transaction with another party, an MOU is often the first step toward a formal agreement via a binding contract. An MOU clearly defines how the parties will work together and lays out each one’s expectations and responsibilities. The goal is to achieve a mutual understanding of the partnership, so you can move forward into an enforceable contract everyone feels confident about.