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 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 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 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 Michala Rudorfer and published by GRIN Verlag. This book was released on 2009-07-27 with total page 30 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 application of the doctrine, Part II will discuss four landmark cases. In Part III, the interplay of limited liability and veil-piercing will be as-sessed in different contexts of law. Afterwards, Part IV will elaborate the suitability of the con-cept compared to different alternatives. Finally, a conclusion will be drawn and the initial ques-tion will be answered. [...]
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 Limited Liability written by Stephen M. Bainbridge and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.
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 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe 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 Piercing the Corporate Veil written by Roberto Miguel Rodriguez and published by . This book was released on 2023-10-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Piercing the Corporate Veil: A Comprehensive Guide for Attorneys" delves into the legal doctrine that allows litigants to hold shareholders personally liable for the actions of a corporation. Recognized as a fundamental tenet in corporate law, this principle ensures the proper balance between protecting individual shareholders from personal liability and preventing the misuse of the corporate structure for fraudulent purposes. The essay provides an in-depth exploration of the criteria courts employ to determine when it is appropriate to "pierce the veil," emphasizing factors such as undercapitalization, commingling of funds, and disregard for corporate formalities. Additionally, the essay discusses notable case precedents, jurisdictional variations, and offers tactical recommendations for attorneys both seeking to pierce, and defend against piercing, the corporate veil. Essential for both novice and seasoned corporate attorneys, this comprehensive guide seeks to elucidate a complex yet crucial area of corporate law, ensuring the equitable administration of justice in corporate litigations.
Download or read book Piercing the Corporate Veil Should English Law Go Dutch written by Magdalena Kucko and published by . This book was released on 2018 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: English law is known for its robust approach to the issue of veil piercing. As such, it does not allow creditors to hold shareholders liable for company debts. This means that in the absence of contractual guarantees, shareholders are generally able to escape liability for failure within their company. On the other hand, the Dutch legal system allows creditors to seek recourse against shareholders by way of circumventing the separate legal personality of corporations through the operation of tort. In the Netherlands, the so-called 'indirect veil piercing' according to which shareholders can be held liable on the basis of tort, is deeply embedded in the legal system. This paper analyses some recent major developments in English tort law and concludes that a shift towards a more flexible, tort-law based approach to corporate veil piercing would be a much welcomed development leading to greater creditor protection.
Download or read book Understanding Company Law written by Alastair Hudson and published by Taylor & Francis. This book was released on 2017-07-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Company Law is a lively introduction to the key principles of the Companies Act 2006 and modern company law. It takes a unique approach to the subject, which also encompasses the important and growing fields of securities regulation, corporate governance and corporate social responsibility. This book covers all of the key topics that a student reader will encounter in any company law course. The discussion presents the key principles simply, before guiding the reader through the more complex issues that are often the focus of examinations in this subject. It also offers pathways into further reading, while injecting enjoyment back into the topic. In Understanding Company Law, Professor Hudson provides a straightforward guide to the law, while providing context, detailed analyses of the leading cases, and no little humour. The second edition covers key recent changes and developments in company law, both case law and statutory, including: two recent Supreme Court decisions on piercing the corporate veil, VTB Capital plc v Nutritek International Corp and others and Prest v Petrodel Resources Limited & Others, and an analysis of the Conservative government’s Green Paper on Corporate Governance. Online support Visit the author’s website at www.alastairhudson.com to find podcasts of specially recorded lectures covering the basic principles and an audiobook version of this text.
Download or read book Piercing the Corporate Veil in China written by Chao Xi and published by . This book was released on 2015 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the development of the doctrine of piercing the corporate veil in China, which culminated in the codification of the doctrine in China's 2005 revised Company Law. It argues that the statutory veil-piercing provision, characterized by vagueness and abstraction, is in part a product of political compromise in China's legislative process.
Download or read book Infinity Investing written by Toby Mathis and published by Forbesbooks. This book was released on 2021-03-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: YOUR ROAD MAP TO FINANCIAL FREEDOM This book is not offering a get rich quick plan. It takes time to implement long-lasting strategies that lead to financial independence. Toby Mathis has created a road map for you to follow to create wealth over time. He shares his get rich slow approach based on the investing and money management practices that have helped hundreds of participants in Anderson Advisors' popular Infinity Investing program reach financial freedom. One central principle in the Infinity Investing approach is that you must take the critical first steps necessary to learn about personal finances and smart investing. Toby understands that the intimidating jargon, unnecessarily complicated math, and mystique surrounding money management can be a roadblock that often prevents the average person from ever starting. This book demystifies the process and describes it in a straightforward and engaging way. Toby has spent years studying wealthy people who have built their wealth over time by creating a solid plan and sticking to it. He breaks down what these people do and don't do, so that you can follow their path. Toby is a gifted storyteller as well as a clear-eyed researcher. Readers will find his stories about people to be vivid and relatable while he uses just the right amount of real-world financial data to back up his lessons. Let's create your infinity plan!
Download or read book The Buffalo Creek Disaster written by Gerald M. Stern and published by Vintage. This book was released on 2008-05-06 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "suspenseful and completely absorbing story" (San Francisco Chronicle) of how survivors of the worst coal-mining disaster in history triumphed over corporate irresponsibility—written by the young lawyer who took on their case and won. One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow. It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue.
Download or read book Challenging Private Law written by William Day and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.
Download or read book Maryland Corporation Law 2nd Edition written by James J. Hanks (Jr.) and published by Wolters Kluwer Law & Business. This book was released on 2020-11-17 with total page 1306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maryland Corporation Law is the only current treatise covering all aspects of Maryland corporation law and practice, providing authoritative guidance to the statutes, legislative history, and relevant cases, and is frequently cited by judges and lawyers as the authoritative source in the field. More New York Stock Exchange-listed companies are formed under Maryland law than any state except Delaware. This authoritative volume gives subscribers a thorough background to the Maryland General Corporation Law (The 'MGCL'), including: formation of a corporation; the conduct of a corporation's internal affairs; liability and protection of directors and officers;voting and other rights of stockholders; mergers; charter amendments; and dissolution of a corporation. Maryland Corporation Law also discusses derivative actions, corporate opportunity, successor liability and takeover defenses. In addition, there is a separate chapter devoted exclusively to Maryland real estate investment trusts. Maryland Corporation Law also provides the complete up-to-date text of the MGCL and related statutes, and includes a forms section, prepared by the author, containing many Maryland specific forms. Recent additions include topics such as: Corporations - Distributions, Mergers, Appraisal Rights and Articles Supplementary Investment Companies - Series Funds, Transfer of Assets Directors and Stockholders - Meetings, Notices, and Consents A newly added chapter on Maryland business trusts Recent cases decided by the Court of Special Appeals of Maryland, the United States Court of Appeals for the Fourth Circuit and the United States District Court for the District of Maryland Note: Online subscriptions are for three-month periods.
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.
