Download or read book Behind the Corporate Veil written by Organisation for Economic Co-operation and Development and published by Organisation for Economic Co-operation and Development. This book was released on 2001 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines ways to prevent and combat the misuse of corporate entities. The report shows that the types of corporate entities misused most frequently are those that provide the greatest degree of anonymity to their beneficial owners.
Download or read book Behind the Corporate Veil Using Corporate Entities for Illicit Purposes written by OECD and published by OECD Publishing. This book was released on 2001-11-12 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines ways to prevent and combat the misuse of corporate entities. The report shows that the types of corporate entities misused most frequently are those that provide the greatest degree of anonymity to their beneficial owners.
Download or read book Improving Access to Bank Information for Tax Purposes written by OECD and published by OECD Publishing. This book was released on 2000-04-11 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Report was prepared by the Committee on Fiscal Affairs to consider ways to improve international co-operation with respect to the exchange of information in the possession of banks and other financial institutions for tax purposes.
Download or read book Piercing the Corporate Veil written by Michala Rudorfer and published by GRIN Verlag. This book was released on 2009-07 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2006 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: A (1,0), New York University School of Law, language: English, abstract: Corporate law aims at protecting shareholders from being subject to personal liability for the risks of conducting business. The state created a corporate fiction which is a separate legal entity and distinctive from the shareholders and which offers the primary advantage of limited share-holder liability. The underlying notion is to encourage shareholders to provide capital and take on risky investments. In this way, the risk is shifted towards third parties and costs are external-ized. Overall, this investor attitude encourages economic development. Hence, limited liability can be seen as the "cornerstone of capitalism". However, as moral hazard comes into play, the externalization costs might exceed the benefits and, thus, damage third parties. In order to pro-mote justice, the presumption of limited liability must be occasionally rebutted and personal li-ability imposed on shareholders. This concept known as piercing the corporate veil will be elabo-rated on in detail in this paper. The doctrine is of crucial importance since it is the most litigated issue in corporate law. Regrettably, it is also among the most confusing areas of law. "'Pierc-ing' seems to happen freakishly. Like lightening, it is rare, severe, and unprincipled." The objective of this paper is to lift the confusion of the doctrine and answer the question whether piercing the corporate veil is a sound concept. Moreover, it will be analyzed whether it is the pre-vailing alternative in dealing with the moral hazard problem of limited liability. Therefore, Part I will start with an explanation of piercing and the historical development of the doctrine. Competing doctrines of piercing will be presented and form the basis for the subsequent analysis of the main requirements for piercing. To illustrate the applica
Download or read book Lifting of the Corporate Veil written by Shaheen Banoo and published by . This book was released on 2020 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Lifting of the Corporate Veil; Departure from the Separate Personality Principle?” Solomon's case is a fountainhead of the Separate Personality Principle. Back in the year 1897 the legal world witnessed the literal interpretation of the law by the House of lords forsaking the principles of equity and fairness. However, the doctrine of the lifting of the corporate veil means moving the iron curtain a little to peek into the backstage of the company to see who're people behind the company and to also know about the real minds behind a company. The paper discusses a myriad of instances when lifting the iron curtain becomes necessary to see the backstage of a company only to appreciate the purpose of its incarnation better in the first place. The doctrine of the lifting of the corporate veil acts as a check on anyone attempting to benefit out of their wrongful acts hiding behind the company taking shelter and committing acts which the law otherwise prohibits.This paper attempts at explaining how this doctrine has challenged, and yet has helped in enriching the jurisprudence. It further provides an examination of the instances where lifting of the veil is justified for securing the ends of justice. Further, this paper constructs an analysis from the dawn of the doctrine to its present form and is divided into four parts which construct analysis of the concept, and the concomitant issues followed by the conclusion.
Download or read book We the Corporations How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Download or read book The Hidden Gender Behind the Corporate Veil written by Anne Robin Johnstone and published by . This book was released on 1996 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Piercing the Corporate Veil in Latin American Jurisprudence written by Jose Maria Lezcano and published by Routledge. This book was released on 2015-12-14 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method. The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region. Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions. This book will be of great interest to scholars of company and comparative law, and business studies in general.
Download or read book Piercing the Corporate Veil written by Karen Vanderkerckhove and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This study clears up some of the mists hanging around the concept of corporate veil piercing. What exactly is corporate veil piercing and in which situations does it occur? What are the legal rules involved? Following a short overview of the applicable law in the six legal systems that are the subject of this study - those of Belgium, the Netherlands, France, Germany, the United Kingdom, and the United States - the author proceeds with a more profound analysis from a functional comparative perspective, starting from particular situations that typically call for shareholder liability for the debts of subsidiary companies." "Dr. Vandekerckhove's study is the most comprehensive, far-reaching, and up-to-date study of this important growing area of corporate law practice. As such it will prove of great value to practitioners, judges, and academics in the field, and will prove its worth anywhere in the world where the presence of multinational corporations is felt." --Book Jacket.
Download or read book Piercing the Corporate Veil written by Robert Hornstein and published by . This book was released on 1993 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Download or read book Piercing the Corporate Veil written by Bree Shilkin and published by . This book was released on 2001 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Puppet Masters written by Emile van der Does de Willebois and published by World Bank Publications. This book was released on 2011-11-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.
Download or read book Piercing the Corporate Veil written by Stephen B. Presser and published by Clark Boardman Callaghan. This book was released on 1991-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Piercing the Corporate Veil Doctrine Under English Company Law After Prest V Petrodel Decision written by Ariel Mucha and published by . This book was released on 2018 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court case Prest v Petrodel Resources Ltd [2013] 2 AC 415 addresses the issue of whether, and if so in what way, the court is competent to pierce the corporate veil save any specific statutory authority to do so. In this context, Lord Sumption sheds further light on the doctrine of abuse of corporate personality under English law. Foremost, he draws a distinction between the evasion and concealment situations. The first involves situation, in which the person sets up the company with the aim of avoiding the prior obligation incumbent upon him or her. The second occurs when the relevant identity of “real actors” is hidden behind the corporate veil. In the Lord Sumption's opinion, only evasion may justify the application of the piercing the corporate veil doctrine. This article aims to find the rationale behind introduction of evasion and concealment principle, which seems to be the restriction of the piercing the corporate doctrine to the point where it will have no practical meaning for future cases.The Supreme Court case Prest v Petrodel Resources Ltd [2013] 2 AC 415 addresses the issue of whether, and if so in what way, the court is competent to pierce the corporate veil save any specific statutory authority to do so. In this context, Sumption LJ sheds further light on the doctrine of abuse of the company personality under English law. Foremost, he draws a blurred line between the concept of the piercing and lifting corporate veil. The intended strong limitation of the exception to the strict approach articulated in Salomon v A Salomon & Co Ltd [1897] A.C. 22 - separation of legal person from its shareholders and no prospects to make shareholder a party to the agreement concluded by the company - seems to be a failure yielding more doubts than providing a clearly articulated legal framework. This article argues against this approach and it suggests that the piercing veil doctrine needs to be forgotten once and for all.
Download or read book Modernism and the Meaning of Corporate Persons written by Lisa Siraganian and published by Oxford University Press. This book was released on 2020-11-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Matei Calinescu Prize, Modern Language Association Winner, 2021 Modernist Studies Award, Modernist Studies Association Long before the US Supreme Court announced that corporate persons freely "speak" with money in Citizens United v. Federal Election Commission (2010), they elaborated the legal fiction of American corporate personhood in Santa Clara v. Southern Pacific Railroad (1886). Yet endowing a non-human entity with certain rights exposed a fundamental philosophical question about the possibility of collective intention. That question extended beyond the law and became essential to modern American literature. This volume offers the first multidisciplinary intellectual history of this story of corporate personhood. The possibility that large collective organizations might mean to act like us, like persons, animated a diverse set of American writers, artists, and theorists of the corporation in the first half of the twentieth century, stimulating a revolution of thought on intention. The ambiguous status of corporate intention provoked conflicting theories of meaning—on the relevance (or not) of authorial intention and the interpretation of collective signs or social forms—still debated today. As law struggled with opposing arguments, modernist creative writers and artists grappled with interrelated questions, albeit under different guises and formal procedures. Combining legal analysis of law reviews, treatises, and case law with literary interpretation of short stories, novels, and poems, this volume analyzes legal philosophers including Oliver Wendell Holmes, Jr., Frederic Maitland, Harold Laski, Maurice Wormser, and creative writers such as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles Reznikoff, F. Scott Fitzgerald, and George Schuyler.
Download or read book Abuse of Companies written by Hanne S. Birkmose and published by Kluwer Law International B.V.. This book was released on 2019-09-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to escape regulation and avoid taxation; whether the decision to incorporate a company in a particular jurisdiction may be abusive; companies set up for the purpose of money laundering; letterbox companies formed as a front to allow a company to benefit from one legal regime and avoid others; ex post transfers of seats such as cross-border mergers and conversions; when the use of phoenix companies may constitute an abuse of the corporate form; how corporate mobility is used to circumvent worker participation; and how online company formation and technological innovation may foster abuse. This book helps to explain how the line is drawn between abuse and (creative) use of the corporate form. Remedies covered include restricting the use of bearer shares, setting minimum capital requirements, piercing the corporate veil, ensuring transparency of beneficial ownership, using insolvency law to lodge claims against directors and shareholders and recover assets, and applying the general principle prohibiting abuse. There is no other book on the market focusing on abuse of companies and giving such a comprehensive analysis of the topic. Practitioners will get guidelines on how to avoid becoming involved in activities that may constitute abuse and how to address instances where abuse has occurred, and interested academics, legislators, and enforcement authorities in Europe and beyond will find this book’s perspectives invaluable.
