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 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 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 Disregard of the Corporate Fiction and Allied Corporation Problems written by Isaac Maurice Wormser and published by . This book was released on 1927 with total page 232 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 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 On the Composition of the Corporate Veil March 21 1946 written by Walton Hale Hamilton and published by . This book was released on 1946 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Piercing the Corporate Veil written by Stephen B. Presser and published by . This book was released on 2011 with total page 1545 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reweaving the Corporate Veil written by and published by . This book was released on 1977 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Clarifying the Rules for Piercing of the Corporate Veil written by Peter S. Spiro and published by . This book was released on 2013 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of corporate limited liability emerged in the early 19th century in the United States, and spread to Canada and England in the 1850s. It was a major legal and economic innovation that facilitated the growth of large scale enterprise, without which the modern economy would not be possible. However, courts quickly became aware that the corporate form could be abused for fraudulent purposes. Equity will not countenance fraud, and judicial discretion was applied to pierce the corporate veil. This remedy is a very common one, with thousands of cases reported in Canada in which a plaintiff has sought to hold the shareholders liable for the actions of a corporation. Unfortunately, its application is inconsistent and unpredictable, and the doctrine has quite aptly been labelled as incoherent. It is most frequently applied against small, closely held corporations, and creates uncertainty for these business owners. This paper looks at some key cases to determine what the doctrine of piercing the veil aims to achieve, and how it often fails. It suggests some amendments to the Business Corporations Act to create a statutory basis for curtailing limited liability in appropriate circumstances, that should lead to more consistency and predictability.
Download or read book The Corporate Veil written by R. Scott Ricks and published by Taylor Trade Publishing. This book was released on 2003 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fresh out of Law School, Spencer Thompson struggles to understand why a large corporation would engage in strange activities, until he is reminded in most certain terms. After all what would you do for a million dollars?
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 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 Lifting of Corporate Veil written by Prashant Yadav and published by . This book was released on 2017 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central purpose of this paper is to investigate the bounds of the principle of limited liability. Part I deals with law of piercing the veil. Part II analyses the common law grounds of lifting the veil that have been frequently proposed, to determine the underlying reasons for judicial disregard of the separate entity principle. It is suggested in this paper that these common law exceptions, viz. agency, fraud, avoidance of obligations, prevention of injustice, and imputation of members' characteristics to the company, are symptomatic of the courts' attempts to ensure that parties, both shareholders, creditors, and other third parties who may be considered by the court to have a legitimate interest in the affairs of the corporation, are not disadvantaged by actions of company management and shareholders protected by limited liability. Part III deals with the comparative aspect of the statutory provisions regarding piercing of veil.
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.
