Intangible assets have been argued to be one possible contributor to the disparity between company value as per their accounting records, and company value as per their market capitalization. 1  Considering this argument, it is important to understand what an intangible asset truly is in the eyes of an accountant.
The challenge is that a letter of intent can be, at the same time, both binding and nonbinding. And when drafted to resemble an official contract, even letters of intent that specifically say they are not binding might be held by a court to be binding in whole or in part for a variety of reasons.
A written agreement is only legally binding if the agreement constitutes a valid legal contract that a court will enforce. Even if placed in writing, agreement is only one of the necessary elements to create a contract; certain types of agreements are not recognised by the law.