Memorandum of Understanding (MOA): An MOA is a written document between the parties to work together on an agreed project or to achieve an agreed goal. The purpose of an MOA is to have a formal written understanding of the agreement between the parties. An MOA explains the commitments and obligations of the parties and assigns and minimizes the risks of each party. It can also be described as a treaty and is legally binding. The CEECs must contain, but are not limited to: a Memorandum of Understanding is not a legal document and is not applicable in court. In most cases, by calling a memorandum of understanding, the signatories show that they do not intend to enforce their conditions. Although these definitions seem quite clear, there are a number of situations where the image becomes blurred. For example, when a Memorandum of Understanding involves an exchange for a sum of money, it is almost always considered a contract under the law. In addition, there are two other legal conditions in which a Memorandum of Understanding or no formal agreement can be treated as a treaty. Since it is not a legal document and is generally not about money or other exchanges, a Memorandum of Understanding leaves a little more leeway than a treaty.
On the other hand, the more specific you can be, the better, for a number of reasons: the following generally applies to relatively small organizations that do not use lawyers to design contracts. (Large organizations – educational institutions, public institutions, foundations, etc. – when they need contracts, almost always have a standardized form for them, written by the legal department of the organization, in legal, they above all and everything, including the acts of God. If you have definitive help, you should do the same.) If you don`t think you`re logical enough or that you`re a good author to design a contract properly, you`ll find someone in your organization to work with you – a board member who may be a lawyer or someone who has more experience with contracts than you do. It is worth creating a document that says what it means and covers all possibilities. However, in general, all substantial changes to the contract must be discussed and approved by both parties and the contract must be rewritten to reflect these changes. Otherwise, you might have something that is very different from the first draft of the document. While it is rare to see soft things in the multilateral field, transnational air agreements are in fact soft. If you work with other groups, hire consultants or hire organizations to provide services for you or your target audience, it will often be helpful to “receive them in writing.” This section helps you read the two types of documents most organizations need in their dealings with others, and create contracts and memorandas of the agreement. The development of a Memorandum of Understanding is therefore similar to the development of a treaty, except that the terms of the agreement will probably have been discussed in advance by all parties. Most agreements are nothing more than attempts to clearly state in writing what the parties have already developed and agreed to at the meetings.
Where this is not the case, the parties will generally discuss the memorandum already drafted and develop all the differences before it is signed.