Sign a memorandum of understanding online

What an MOU is

A memorandum of understanding records what two or more organisations intend to do together: a university and a company agreeing to co-operate on research, two charities sharing a service, a government agency and a private partner setting out a pilot. It names the parties, the purpose, each side's role and how they will work together.

MOUs are popular because they feel lighter than contracts. That lightness is the risk: people sign them without deciding whether they want to be bound.

Is an MOU binding?

It depends on what it says and how the parties act. In English law, a document is a contract if the parties intended to create legal relations and the terms are certain enough; calling it an MOU does not stop it being one. US courts take a similar approach. Between governments, an MOU is usually intended not to be a treaty, and the UK Foreign Office's own guidance uses words like 'will' rather than 'shall' to signal that.

If you want an MOU to be non-binding, say so in a clause, and avoid language of obligation. If you want some parts to bind, such as confidentiality or intellectual property, name them. This is general information, not legal advice.

What a clear MOU includes

Each of these questions will come up in the first six months whether or not the MOU answers it.

• Parties and their authorised representatives.
• Purpose and scope of the co-operation.
• Each party's contributions: staff, funding, facilities, data.
• Governance: a steering group, meeting cadence, named leads.
• Confidentiality and use of each other's names and logos.
• Intellectual property created during the collaboration.
• Duration, review date and how either party can withdraw.
• A statement on whether the MOU is legally binding.

Signatories in larger organisations

Universities, hospitals, ministries and large charities often have delegated authority rules saying who may sign on their behalf. A head of department may be able to sign a co-operation MOU but not one that commits money. Check before you send, and put the signatory's title on the document.

Some public bodies also require a witness or a stamp by custom. Sign PDF can add a witness block, and a stamp can be uploaded as an image.

How to send an MOU in Sign PDF

Upload the MOU and Sign PDF places a signature, name, title and date block for each party from the signature page. For three or more organisations, choose 'everyone at once' so nobody waits for anyone else; both plans allow unlimited signers per document.

Each signatory confirms a code from their email and signs. The certificate of completion lists every signatory, their email, the time they signed and their approximate location, which is useful when parties are in different countries. Sign PDF's signing pages are in English only.