Mutual agency meaning is a legal relationship entered into by business partners, which gives each partner equal authority on behalf of the business. This means that each partner can make decisions for the business and bind the business to contracts and agreements. This is a critical feature of any partnership, and it helps to create a more efficient and effective company.
Is mutual agency a disadvantage of a partnership?
However, the risks of mutual agency should be weighed carefully by potential partners before deciding to enter into such a relationship. This is because the actions of one partner can bind the whole company, and all partners will be responsible for any liabilities incurred. It is important for partners to clearly define their roles and responsibilities in a written partnership agreement, so that there is no confusion down the road.
If a partner is acting outside of the scope of their normal business operations, it may be possible to terminate the relationship through mutual agreement. This is typically done through a written termination agreement, although it may also be possible to rely on oral agreements. However, it is important to note that the best way to protect against potential liability is to always formally terminate any agency relationships through writing.
It is also a good idea for partners to consider forming a limited liability partnership or a limited liability company to help limit their exposure. This will help to ensure that if something goes wrong, only the business assets are at risk and not the personal assets of the partners.