Free Legal Form
Memorandum of Agreement
A general agreement between two people, businesses or organizations, setting out what each will do, for how long, and how it can end. For a sale, lease or loan, use the specific template instead.
MEMORANDUM OF AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
This Memorandum of Agreement is made and entered into by and between:
first party's name, first party's details, hereinafter called the FIRST PARTY;
– and –
second party's name, second party's details, hereinafter called the SECOND PARTY.
WITNESSETH:
The parties are entering into this agreement to purpose. For this purpose, they agree as follows:
- Undertakings of the First Party. The FIRST PARTY shall:
- each undertaking of the first party
- Undertakings of the Second Party. The SECOND PARTY shall:
- each undertaking of the second party
- Term. This agreement takes effect on start date and ends on end date, unless renewed by the parties in writing or ended earlier under the next paragraph.
- Termination. Either party may end this agreement before its end date by written notice to the other at least number of days days in advance. If a party violates this agreement, the other may end it by written notice, if the violation is not corrected within that period. Ending the agreement does not cancel obligations already due.
- Relationship. Nothing in this agreement makes the parties partners, employer and employee, or agents of each other. Neither party may bind the other without its written consent.
- Amendments. Any change to this agreement must be in writing and signed by both parties.
- Disputes. The parties shall first try to settle any dispute arising from this agreement through good-faith discussion. Where the law requires it, the dispute shall be brought to barangay conciliation before any case is filed. If the dispute is not settled, any case shall be filed in the proper courts of city or province.
IN WITNESS WHEREOF, the parties have hereunto set their hands this ____ day of ______________ 20___ at city or municipality, Philippines.
First Party
Second Party
SIGNED IN THE PRESENCE OF:
Witness
Witness
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
city or municipality ) S.S.
BEFORE ME, a Notary Public for and in city or municipality, this ____ day of ______________ 20___, personally appeared:
| Name | Competent Evidence of Identity |
|---|---|
| first party's name | ID type and number |
| second party's name | ID type and number |
known to me and to me known to be the same persons who executed the foregoing Memorandum of Agreement, and who acknowledged to me that the same is their free and voluntary act and deed.
This instrument, consisting of ____ pages including this page on which the acknowledgment is written, has been signed by the parties and their instrumental witnesses on each and every page.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20___.
Before You Print
- Not legal advice. This is a general form. For your own situation, consult a lawyer, especially if your case is unusual or a lot of money is involved.
- You will sign it before the notary and confirm you signed it freely (this is called an acknowledgment).
- Do not sign it yet. You sign in front of the notary, with a valid government ID.
- Write what each party will do as specific acts that can be checked: what, how much and by when. Vague promises are hard to enforce.
- If a party is a company, cooperative, school or association, the person signing for it should bring proof of their authority, such as a Board Resolution or Secretary's Certificate.
- Notarizing makes the agreement a public document and easier to prove, but an agreement can be binding without it. Some offices and funders require a notarized MOA.
- Disputes between individuals who live in the same city or municipality usually have to go to the barangay first, where officials help both sides settle. See the guide Barangay conciliation.