Memo Bill Of Lading Template for the United States

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What is a Memo Bill Of Lading?

The Memo Bill of Lading emerged from the need for simplified documentation in maritime shipping while maintaining legal compliance with U.S. regulations. It serves as an internal document that records essential shipping details without the negotiability features of a regular bill of lading. Used primarily when the trading parties have established relationships and don't require a negotiable document for financing or trading purposes. The Memo Bill of Lading includes cargo details, parties involved, vessel information, and terms of carriage, while complying with U.S. maritime law requirements.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

United States

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Memo Bill Of Lading

A Memo Bill of Lading is a simplified, non-negotiable shipping document used in United States maritime commerce when you need to record essential shipping details without the complexity of a fully negotiable instrument. This document serves as an internal record between established trading partners while ensuring compliance with federal maritime regulations including COGSA and the Pomerene Act.

When do you need this document?

You'll require a Memo Bill of Lading when shipping goods via ocean freight within established business relationships where negotiability isn't necessary. This applies particularly to direct shipments between manufacturers and distributors, consolidated cargo movements by freight forwarders, or when you're handling routine shipments that don't require financing or trading of the goods in transit. The document is essential for maintaining proper shipping records while avoiding the administrative burden of negotiable instruments.

Key legal considerations

Your Memo Bill of Lading must include accurate cargo descriptions, complete party information, and clear terms of carriage to ensure legal protection under U.S. maritime law. Pay careful attention to liability limitations as they directly impact your recourse in case of cargo damage or loss. The document should specify delivery terms, port details, and any special handling requirements to avoid disputes. Remember that while this document lacks negotiability, it still serves as evidence of the contract of carriage and can be used in legal proceedings. Ensure all parties understand that the memo format means the goods cannot be traded or used as collateral during transit.

Legal requirements in United States

Under the Carriage of Goods by Sea Act (COGSA), your Memo Bill of Lading must contain specific mandatory information including shipper and consignee details, cargo description with quantity and weight, vessel identification, and ports of loading and discharge. The Federal Bills of Lading Act requires that the document clearly indicates its non-negotiable status to prevent confusion with negotiable instruments. You must ensure compliance with the Harter Act provisions regarding carrier responsibilities and limitations of liability. Interstate shipments must also conform to Interstate Commerce Act requirements, while international movements should reference applicable Hague Rules provisions. The Ocean Shipping Reform Act mandates that carriers provide clear terms regarding detention and demurrage charges, which should be incorporated into your document's terms and conditions section.

GOVERNING LAW

Applicable law

This Memo Bill Of Lading is drafted to comply with United States law. Key legislation includes:

COGSA: Carriage of Goods by Sea Act - Primary US federal law governing rights and responsibilities between shippers and carriers in international ocean transport

Pomerene Act: Federal Bills of Lading Act that regulates bills of lading in US interstate and foreign commerce, establishing rules for negotiable instruments

Harter Act: US federal law governing maritime contracts of carriage, particularly relevant for shipments between US ports

Interstate Commerce Act: Federal law regulating transportation carriers, including provisions affecting bills of lading in interstate commerce

Ocean Shipping Reform Act: Updates to shipping regulations affecting ocean carriers and their documentation requirements

Hague Rules: International convention establishing uniform rules for bills of lading in international trade

Hague-Visby Rules: Updated version of Hague Rules with modified liability limits and additional provisions

Hamburg Rules: Alternative international convention for carriage of goods by sea, though not adopted by US

Rotterdam Rules: Modern international convention on carriage contracts, not ratified by US but relevant for international context

UCC Article 7: Uniform Commercial Code Article governing documents of title, including bills of lading, adopted by US states

FMC Regulations: Federal Maritime Commission regulations governing ocean transportation and documentation requirements

CBP Requirements: U.S. Customs and Border Protection requirements for shipping documentation and customs clearance

DOT Regulations: Department of Transportation regulations affecting transportation documentation and safety requirements

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