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Memorandum
I need a memorandum to inform all department heads about the upcoming company-wide training session scheduled for next month, including details on the agenda, expected outcomes, and mandatory attendance requirements.
What is a Memorandum?
A Memorandum is a formal written message used to communicate policies, procedures, or important information within organizations in Malaysia. It serves as an official record of decisions, agreements, or instructions, carrying legal weight when properly executed under Malaysian corporate law.
In Malaysian business practice, Memorandums help maintain clear communication trails, document critical decisions, and protect organizations legally. They're particularly important in government departments, corporations, and professional firms where they outline everything from policy changes and meeting minutes to internal procedures and departmental announcements.
When should you use a Memorandum?
Use a Memorandum when you need to formally communicate important information across your Malaysian organization. Common situations include announcing new company policies, documenting meeting outcomes, sharing procedural changes, or issuing directives from senior management to staff.
The document becomes especially valuable during corporate restructuring, compliance updates, or when establishing audit trails for regulatory purposes. Malaysian companies often rely on Memorandums to record critical decisions, delegate responsibilities, and maintain clear communication channels between departments, particularly for matters that may have future legal or operational implications.
What are the different types of Memorandum?
- Office Memorandum: Used for internal company communications, policy updates, and departmental notices
- Memorandum Of Understanding: Outlines preliminary agreements or intentions between parties before formal contracts
- Memorandum Of Agreement: Creates binding commitments between parties with specific terms and conditions
- Memorandum Of Contract: Summarizes key points of an existing contract for quick reference
- Mou And Agreement: Combines understanding and formal agreement elements in a single document
Who should typically use a Memorandum?
- Corporate Management: CEOs, directors, and senior executives who issue strategic directives and policy changes via Memorandums
- Legal Departments: In-house lawyers and legal teams who draft and review Memorandums to ensure compliance with Malaysian law
- Department Heads: Managers who communicate operational procedures and team responsibilities through internal memos
- Government Officials: Civil servants who use Memorandums for inter-department communications and policy implementation
- Company Secretaries: Professionals who maintain official records and ensure proper documentation of corporate Memorandums
How do you write a Memorandum?
- Purpose Clarity: Define the specific objective and scope of your Memorandum upfront
- Key Information: Gather all relevant dates, names, policies, or procedural details needed
- Authority Check: Confirm you have proper authorization to issue the Memorandum under Malaysian corporate guidelines
- Structure Planning: Use our platform's templates to ensure all required sections are included correctly
- Distribution List: Identify all intended recipients and their roles within the organization
- Review Process: Plan for internal review by relevant department heads before final distribution
What should be included in a Memorandum?
- Header Information: Company letterhead, reference number, date, and recipient details
- Subject Line: Clear, specific title describing the Memorandum's purpose
- Purpose Statement: Concise explanation of the main objective and scope
- Content Details: Key information, policies, or procedures being communicated
- Authority Reference: Citation of relevant company policies or Malaysian regulations
- Implementation Details: Effective dates and specific actions required
- Signature Block: Authorized signatory's name, title, and company stamp where required
- Distribution List: Clear indication of intended recipients and circulation scope
What's the difference between a Memorandum and a Memorandum of Association?
A standard Memorandum differs significantly from a Memorandum of Association in Malaysian business law. While both are formal documents, they serve distinctly different purposes and have unique legal implications.
- Legal Status: A Memorandum is an internal communication tool or preliminary agreement, while a Memorandum of Association is a fundamental constitutional document required for company incorporation in Malaysia
- Content Scope: Regular Memorandums handle day-to-day communications or specific agreements, but a Memorandum of Association defines a company's powers, objectives, and relationship with external stakeholders
- Registration Requirements: Standard Memorandums don't require official registration, whereas a Memorandum of Association must be filed with the Companies Commission of Malaysia (SSM)
- Modification Process: Regular Memorandums can be amended easily, but changing a Memorandum of Association requires formal shareholder approval and SSM notification
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