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What Jointly and Severally Means in Legal Terms

Jointly and Severally: A legal term used to describe a partnership in which responsibility for individual decisions is shared equally by all parties.

Investopedia / Michela Buttignol

What Is Jointly and Severally?

"Jointly and severally" is a legal term that is used to describe a partnership or any other group of individuals in which each individual shares responsibility equally.

For example, if a judge rules that a number of people are jointly and severally liable for inju♛ries suffered by a plaintiff, any one of those people may be pursued for payment of the full amount of the judgment.

As the word severally implies, the phrasing of some contractual agreements may specify that some parties have proportional liability. For example, a partner ꦑwith a 10% stake in a business may have a liability that is proportional to that 10% investment.ꦦ

Jointly and severally is sometimes referred to as 澳洲幸运5官方开奖结果体彩网:joint and several liability.

Key Takeaways

  • The term "jointly and severally" indicates that all parties are equally responsible for carrying out the full terms of an agreement.
  • In a personal liability case, for example, each party named may be pursued for repayment of the entire judgment amount.
  • In some contracts, however, financial responsibility is shared proportionally.
  • Jointly and severally in underwriting means that all firms involved in the underwriting process are responsible for the unsold shares equally.
  • Other forms of liability exist, such as severally, which would indicate that partners are not responsible for the obligations of other partners.

Understanding Jointly and Severally

In a legally binding document, the term "jointly and severally" clarifies the responsibility that is shared by each party to an agreement.

Essentia🍌lly, it means that all of those named are obligated to perform all of the actions required under the🌳 agreement.

For example, if a bank lends $100,000 to two people jointly and severally, both of those people are equally responsible for making sure that the total amount of the loan is repaid 🥃to the bank. If the loan is in default, the bank may choose to pursue either for repayment of the entire ouﷺtstanding balance.

In such cases, the person who is forced to repay the loa♎n will have some legal recourse against the other person named in the ag🌱reement, but only after the bank is repaid in full.

Joint and several liability is also cited in legal language. For 💝example, employers are generally responsible for injuries suffered by their employees on the job.

If a construction worker is injured at work, all owners of the construc🥂tion firm could be liable.

Important

A partnership agreement, or 澳洲幸运5官方开奖结果体彩网:articles of partnership, helps detail the responsibilities of all the partners to avoid any co✅nfusion regarding obligations and other practices and to determine who is🅺 responsible when liabilities arise.

Jointly and Severally in the Sec🗹urities Industry

The expression jointly and severally is commonly used in the securities industry in agreements for the underwriting of a new bond or stock issue.

In such cases, a firm that agrees to sell a portion of the total issue is responsible for that agreedꦚ-upon portion plus a corresponding portion of any unsold ൩securities.

Thus, an underwriter who has jointly and severally agreed to be responsible for selling a 30% stake in a 澳洲幸运5官方开奖结果体彩网:new issue must sell 30% of any remaining unsold portion. Each member of the 澳洲幸运5官方开奖结果体彩网:syndicate is responsible for any leftover shares, in proportion to the size of the💎ir stake.

What Does Severally But Not Jointly Mean in an Underwriting?

In underwriting, severally🌼 means that members of an underwriting group agree to buy a specific portion of shares but do not agree on joint liability, meaning that they are not responsible for the unsold shares of other members.

What Are the Disadvantages of Jointly and Severally?

One of the disadvantages of jointly and severally is that it can be unfair to some partners. A partner who has a small degree of responsibility for an action may end up unfairly bearing a large burden of damages cauꦆsed by other partners.

What Is Severally Liability?

Severally liability means each partner is responꦗsible ཧfor their own obligations rather than being held equally responsible (jointly). If one partner is unable to remedy their obligations, it does not fall on the other partners to do so.

The Bottom Line

Jointly and severally refers to a form of responsi🧔bility in a partnership by which all partners equally share responsibility for liabilities, actions, and any other activities of the business. It also🌃 means that each partner can be pursued by creditors for outstanding debts.

Article Sources
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  1. Cornell Law School, Legal Information Institute. "."

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