Recovery of Shares

Detailed Analysis of Jointly Held Securities

Jointly held securities refer to financial assets owned by two or more individuals or entities. This type of ownership can take different forms, including joint tenancy with rights of survivorship and tenancy in common. It includes investments in stocks, bonds, mutual funds, and other financial instruments. Several characteristics distinguish them from other types of investments, such as shared ownership, equal or unequal shares, the right of survivorship, transfer of ownership, and no right of partition.

While it offers several advantages, such as cost-effectiveness, diversification, reduced risk, and simplified estate planning, it also comes with some risks, including lack of control, inability to partition, the potential for disputes, and tax implications.

Overall, it can be a valuable investment tool for individuals and entities who want to invest in financial assets together. Still, it is essential to understand the advantages and risks before making such an investment.

Types of Jointly Held Securities

There are two primary types of jointly held securities: joint tenancy with rights of survivorship and tenancy in common.

• Joint tenancy with rights of survivorship provides where two or more people own a property equally. If one of the owners dies, their share of the property automatically transfers to the surviving owners. Joint ownership is commonly used for real estate investments.
• On the other hand, tenancy in common means when two or more people own a property, but their shares can be unequal. In case of the death of one of the owners, their share of the property passes to their estate rather than the surviving owners. This type of joint ownership is commonly used for investments in stocks, bonds, and other financial instruments.

Characteristics of Jointly Held Securities

Jointly held securities have several characteristics that distinguish them from other investments. Some of these characteristics include the following:

• Shared Ownership: When two or more people or organisations own an asset, they each have a portion of its ownership.
• Equal or Unequal Shares: It can be held with equal or unequal shares, depending on the parties’ agreement. For example, in a joint tenancy with rights of survivorship, each owner has an equal share, whereas in a tenancy in common, the shares can be unequal.
• Right of Survivorship: In the case of joint tenancy with rights of survivorship, the surviving owners automatically inherit the share of the deceased owner. If one owner dies, their asset share is transferred to the remaining owners rather than passed on to their heirs.
• Transfer of Ownership: It can be transferred to other parties through sale, gift, or bequest. However, this transfer is subject to the agreement of all the owners.
• No Right of Partition: It does not have the right to partition, meaning that the asset cannot be divided among the owners. This means that if one of the owners wants to sell their share, they must get the other owners’ agreement or sell the entire asset.

Advantages of Jointly Held Securities

Jointly held securities offer several advantages for investors who want to pool their resources and invest together.

Some of the advantages include the following:

• Cost-effectiveness: It can be a cost-effective way of investing in financial assets. By pooling their resources, investors can reduce transaction costs and minimise fees associated with investing in financial instruments.
• Diversification: It can offer diversification benefits by allowing investors to spread their investments across different types of financial assets. This can reduce risk and increase potential returns.
• Reduced Risk: It can reduce risk by allowing investors to share the risk associated with investing in financial instruments^[1]. If one asset underperforms, the losses are shared among the investors rather than borne by a single investor.
• Simplified Estate Planning: It can simplify estate planning by allowing for the automatic transfer of ownership to the surviving owners in a joint tenancy with rights of survivorship. It helps to avoid probate and reduce legal costs.
• Flexibility: It offers flexibility in terms of ownership arrangements. Investors can hold assets with equal or unequal shares and transfer ownership through sale, gift, or bequest.

Overall, it can be a valuable investment tool for individuals and entities who want to invest in financial assets together, and it offers several advantages over investing individually.

Risks of Jointly Held Securities

It offers several advantages, but they also have some risks. It is essential to understand these risks before investing in jointly held securities.

Some of the risks include as follows:

• Lack of Control: It can lead to a lack of control over the assets. Each owner has an equal say in asset management, and decisions must be made jointly. This can lead to conflicts and disagreements, which can affect the performance of the investment.
• Inability to Partition: It does not have the right to partition, which means that the asset cannot be divided among the owners. This can create difficulties if one owner wants to sell their share, as they must get the other owners’ agreement or sell the entire asset.
• Potential for Disputes: It can create disputes between the owners. This can occur if there are disagreements about managing the asset or one owner wants to sell their share.
• Tax Implications: It can have tax implications for the owners. For example, if the asset generates income, it is shared equally among the owners, which can affect their tax liabilities. Additionally, if one owner sells their share, they may be subject to capital gains tax.
• Liability Issues: It can create liability issues for the owners. For example, if the asset is a stock that becomes the subject of a lawsuit, all the owners may be liable for damages, even if only one owner was involved in the decision to invest in the stock.
• Lack of Transparency: It can create issues with transparency, as all the owners may need access to the same information about the asset. This can lead to misunderstandings and disagreements about the performance of the investment.

In summary, it comes with several risks that investors should consider before investing. These risks can lead to conflicts, legal issues, and tax implications, so understanding and planning are essential.

Rights and Duties of Joint Shareholders

The followings are the rights and duties of joint shareholders:

• A document to be served by a company on its members is first served to the joint holder whose name appears first in the register of members.

• Any dividend payable may be paid by check or warrant, posted to the registered address of the joint shareholder whose name appears first on the register of members.

• At a company’s general meeting, only the vote of the first-named joint holder would be acknowledged, regardless of whether he casts his vote in person or by proxy.

• If any of the shares are held jointly, the company is not obligated to issue multiple share certificates, and if the share certificate is distributed to one of the joint holders, it is deemed sufficient delivery to all joint holders.

• The joint holders of a share can be jointly and severally liable to pay all calls in respect thereof.

• One or more joint owners of a share may issue valid receipts for dividends, incentives, or other benefits payable on the share.

• One or more joint shareholders may sign a requisition for transmitting a notice of a general meeting or a notice summoning a meeting.

Conclusion

Financial instruments with joint ownership are those that belong to two or more people or entities. They offer several advantages, including cost-effectiveness, diversification, reduced risk, simplified estate planning, and flexibility. However, they also come with risks, including lack of control, inability to partition, potential disputes, tax implications, liability issues, and lack of transparency.

Investors should consider these advantages and risks carefully before investing in jointly held securities. They should also ensure that they clearly understand the ownership structure and their rights and responsibilities as owners. Overall, it can be a valuable investment tool for individuals and entities who want to invest in financial assets together. Still, they require careful consideration and planning to manage the risks involved.

Also, Read:
Overseas Direct Investment in Joint Ventures
Transmission of Shares under Companies Act, 2013