Rule 6 Joint Entries

JOINT ENTRIES

  1. If an entry is made in the name or on behalf of more person than one, they shall be deemed to be Joint Members. Joint Members shall be jointly and severally liable to pay all contributions and any other sums due to the Association in respect of such entry.
  2. If an application is made for entry in the Association of two or more ships forming part of a fleet through a ship manager with a view to obtaining terms which would not have been available had the ships been offered for entry separately, such entries may be accepted on the basis that the ship manager shall also sign the appropriate application form and shall together with the respective person be jointly liable as Members.
  3. Applications for entry may be made and accepted in respect of ships of which the beneficial ownership is separate on terms that the ships concerned shall be deemed (for these purposes only) to form part of a specified fleet, on the basis that the Association shall deal with the entries of such ships in combination and not individually.In consideration for such an entry all Members within each such fleet entry shall agree to accept joint and several liability to pay all amounts due to the Association by way of calls or otherwise in respect of all ships within that fleet entry. In such cases, the ship manager shall also sign the appropriate application form and shall together with the respective persons be jointly liable as members.
  4.  Application may be made and accepted on such terms as the Managers in their discretion may propose to be Limited Members. Limited Membership shall only be available at the request of the Member and must be related to the entered ship. The Association shall only be liable to the Limited Member to the extent that it would have been liable to the Member had the claim in question been brought and enforced against the Member. The Limited Member shall not be liable for calls except to the extent that the Certificate of Entry so provides, but the Limited Member shall otherwise be in the same position as a Joint Member and subject to all obligations to the Association as though he were a Member.
  5. As regards entries made under General Rules 6.1, 6.2 or 6.4 above, the receipt by any such Joint Member of any payment by the Association shall be deemed to be the receipt by all such fellow Joint Members jointly and shall fully discharge the obligations of the Association in respect of the liability in respect of which such payment was made.
  6. Failure by any Joint Member belonging to such fleet to disclose material information within his knowledge shall be deemed to have been the failure of all such fellow Joint Members.
  7. Conduct (including misrepresentation or non-disclosure) by or on behalf of any Joint Member belonging to such fleet which would have entitled the Association to decline to indemnify him shall be deemed the conduct of all such fellow Joint Members.
  8. Unless the Managers have otherwise agreed in writing, the contents of any communication from or on behalf of the Association to any Joint Member belonging to such fleet shall be deemed to have come to the knowledge of all such fellow Joint Members. Any communication from any Joint Member intended for the Association or the Managers shall be deemed to have been made with the full knowledge, approval and authority of such fellow Joint Members.
  9. The Association shall in no case be liable for any costs, liability and expenses incurred in connection with any claims or disputes or proceeding between Joint Members or any of them. If the Association shall incur any cost, liabilities or expenses in such circumstances, the Association shall be entitled to an indemnity from the Members concerned in respect thereof.
  10. Any limitation of the Association’s liability to a Member, whether in the Rules or in an agreed special term, shall be construed as a limitation on the aggregate amount payable to all Joint Members. In such cases the claim of the registered owner of the entered ship concerned shall be preferred to the claims of fellow Joint Members, which shall rank pari passu among themselves as to any balance;PROVIDED ALWAYS that in such cases the Directors may in their discretion take into account the possibility of further claims against the Association being made by the Joint Members or any of them, an may withhold such sums from distribution as they think fit in order to meet those claims.
  11. If the insurance of any Joint Member is cancelled in accordance with General Rule 34, the insurance of all fellow Joint Members shall be cancelled at the same time.
  12. If the insurance of any Joint Member terminates or ceases otherwise than under General Rule 34, the Managers shall be entitled, but not obliged, to treat the insurance of fellow Joint Members as simultaneously ceasing or terminating or to treat such insurance as continuing on such terms as they shall in their discretion propose.