Underdelegering

Underdelegering (sub-delegation) denotes the act of a person who has been delegated authority passing part or all of that authority on to another person. It is commonly discussed in administrative, corporate and agency law where duties or powers are transferred down a chain from an original principal to an agent and then to a sub-agent.

Whether underdelegering is valid depends on the terms of the original delegation, applicable statutes and general principles of agency. Many legal systems permit sub-delegation only when the delegator has expressly or impliedly authorized it, or when the nature of the task makes further delegation necessary. Public law often imposes stricter limits than private law, with administrative acts by public authorities sometimes rendered invalid if sub-delegation occurs without statutory or explicit permission.

Practical contexts include corporate governance (managers delegating tasks to staff), contract performance (a contractor engaging subcontractors) and public administration (officials assigning duties to deputies). Advantages include operational flexibility and specialization; disadvantages include reduced control, increased risk of errors or abuse, and complexity in accountability.

Liability and responsibility generally continue to attach to the original delegate unless legal provisions shift responsibility to the sub-agent. Remedies for improper underdelegering can include annulment of decisions, disciplinary action or contractual remedies. Effective safeguards include clear written authorizations, defined scope of powers, oversight mechanisms and reporting requirements to preserve accountability throughout the delegation chain.