No consent required: Overview, definition, and example
What does "no consent required" mean?
No consent required refers to a contractual provision that specifies that one party does not need to obtain approval or permission from another party to take certain actions. This clause is often used to streamline processes and reduce administrative burdens, particularly in situations where delays caused by requiring consent could hinder operations or contractual obligations.
For example, a clause in a loan agreement might state that the borrower does not need the lender’s consent to incur additional debt below a specified threshold.
Why is "no consent required" important?
The "no consent required" provision is important because it provides flexibility and autonomy to a party, enabling them to act without unnecessary delays or administrative hurdles. For SMBs, this provision simplifies decision-making, reduces costs, and avoids potential bottlenecks in operations.
By clearly defining actions that do not require consent, this clause minimizes disputes and ensures that both parties understand their rights and responsibilities.
Understanding "no consent required" through an example
Imagine an SMB signs a lease agreement with a landlord. The lease includes a "no consent required" clause allowing the tenant to make minor, non-structural improvements to the property (e.g., painting or installing shelves) without seeking prior approval from the landlord. This enables the tenant to make necessary adjustments to the space without delays.
In another scenario, a franchise agreement includes a "no consent required" clause allowing the franchisee to purchase supplies from approved vendors without obtaining specific approval from the franchisor for each purchase. This simplifies the franchisee’s operations while maintaining quality standards.
An example of a no consent required clause
Here’s how a no consent required clause might appear in a contract:
“Except as expressly provided in this Agreement, the Party may undertake the following actions without obtaining the prior consent of the other Party: (i) make modifications or improvements that do not materially affect the structural integrity of the property; (ii) enter into agreements with third parties for routine operational needs; and (iii) incur expenses within the budgetary limits set forth in Exhibit A. Any actions outside the scope of this provision shall require prior written consent.”
Conclusion
The "no consent required" clause provides flexibility and autonomy to parties by eliminating the need for approval in specific situations, ensuring smoother and more efficient operations. For SMBs, this provision reduces administrative burdens, minimizes delays, and fosters trust by clearly outlining the scope of actions that can be taken independently. A well-drafted "no consent required" clause promotes clarity and efficiency while maintaining balance in contractual relationships.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.