liability

What It Is

In finance and investing, a liability is a claim on a company's assets.

How It Works

For example, let's assume that XYZ Company sold $1,000,000 of gift certificates during the holidays. The gift certificates entitle the holders to $1,000,000 of merchandise, and XYZ Company must therefore record a liability for this merchandise. As the gift certificates are redeemed, the company reduces the liability.

Some liabilities are contingent upon the occurrence of other events. For example, XYZ Company may agree to repay the debts of a key supplier if the supplier is unable to do so. This represents a contingent liability for XYZ Company, because it is only liable for the debt if the supplier defaults first. Possible requirements to remedy environmental damage or concerns over the outcomes of some lawsuits are also common types of contingent liabilities.

Accounting liabilities due within one year are generally classified as current liabilities on a company's balance sheet. Liabilities due in more than one year are considered long-term liabilities. It is important to note that although debt commonly comes to mind when one considers liabilities, not all liabilities are debt. Companies may incur several other types of liabilities, including (but not limited to) upcoming payroll, bonuses, legal settlements, payments to vendors, certain derivatives, contracts, certain types of leases, and required stock redemptions. Common balance-sheet categories for liabilities include accounts payable, accrued expenses, and debt.

In business law, liability refers to the responsibility for a company's debt or other obligations. Some forms of business organization, such as a sole proprietorship, have unlimited liability, meaning that the owner is personally responsible for the debts and obligations of the business, and lenders or courts may look to the owner's personal assets for payment of these obligations. Limited liability organizations, such as corporations, allow lenders and courts to only seize the assets of the business rather than the assets of the owners.

Why It Matters

Information about a company's liabilities is a key component of accurate financial reporting and a crucial part of thorough financial analysis. Although the Financial Accounting Standards Board, the Securities and Exchange Commission, and other regulatory bodies define how and when a company's liabilities are reported, and although liabilities make up a significant portion of the balance sheet, not all liabilities are required to appear on the balance sheet. Therefore, analysts must also carefully study the notes to a company's financial statements.

Excessive liabilities can ruin a company, but they are not always detrimental. Liabilities often represent the company's ability to defer cash outlays, allowing it to use that cash for other, possibly more profitable purposes until the obligation is due. The use of debt financing can magnify profits that would have otherwise gone unrealized.

For more detail about how the Financial Accounting Standards Board defines and governs accounting for liabilities, go to {ia_ext|http://www.fasb.org/pdf/con6.pdf|http://www.fasb.org/pdf/con6.pdf}.

Source: Investing Answers

What It Is

Joint liability refers to the individual and collective obligation of more than one party on a loan.

How It Works

Joint liability is best illustrated by two married people who apply jointly for a credit card to maximize the amount of money they can borrow. If the credit card company approves their application, both spouses are responsible for any balance charged to the card. Should one spouse default on payments, the other is still liable for the full amount.

In a business partnership, joint liability includes a shared responsibility among all partners for damages, injuries or any outstanding debts. In other words, if a court finds a partnership at fault in a lawsuit, all compensation payments are the responsibility of all partners.

Why It Matters

Individuals seeking joint liability for credit must be aware of whom they choose to participate in a joint liability, because debts incurred by any one party become the obligation of all parties. Likewise, a partner in a partnership firm must be aware of any illegal or suspicious activities hold the other partners accountable, because all partners suffer the consequences if the firm is prosecuted and punished.

Source: Investing Answers

What It Is

Joint and several liability means an obligation to make a payment either together or individually.

How It Works

For example, let's say John and Jane Doe buy a car. They take out a loan from Company XYZ for the purchase. The loan agreement states that John and Jane have joint and several liability for the car payments, meaning that even though Company XYZ made the loan based on their combined income and even though John is the only one driving the car, both he and Jane are responsible for making the payments. If John loses his job, for example, Jane must still make the loan payments. If Jane dies and her income ceases, John must still make the loan payments. If John runs off with another woman, isn't even around to drive the car and then declares bankruptcy, Jane is still responsible for the payments.

Many partnership agreements have joint and several liability clauses, meaning that all the partners are responsible for the debts of the partnership. If one partner becomes insolvent, for example, the other partners become responsible for that person's share of the partnership's debts.

In another example, if Sara Smith goes to a local safety fair and falls and breaks her leg while she's there, she may use the concept of joint and several liability to hold multiple parties at fault for the damage. She might sue the fair organizer for not clearing the path appropriately, as well as the owner of the building in which the fair is held, the promotions company that advertised the safety fair and the contractor that originally installed the slippery linoleum in the entryway. If a judge finds these parties liable and awards Sara $1 million for her medical bills and pain and suffering, she may be free to collect the whole amount from one or all of the defendants if the court allows or joint and several liability.

Why It Matters

Joint and several liability protects lenders by ensuring that they are able to collect from anyone involved in borrowing money from them. As the Sara Smith example shows, joint and several liability also protects people who win judgments by giving them more ways to collect the money due to them. Sometimes the court will assign a percentage of negligence for each defendant. In our example in which John runs off with another woman, the court might say that John owes 75% of the car payments and Jane owes the rest.

Often, however, the court will refuse to do this and simply tells the lender to pursue the defendant with the most money. If that happens to be Jane, in our example, she will have to pay for the car and then pursue John for reimbursement in a separate lawsuit. Many states limit or prohibit joint and several liability.

Source: Investing Answers