Download or read book Company Law Significance of corporate personality and the meaning of lifting the veil of incorporation written by Louise Franklin and published by GRIN Verlag. This book was released on 2012-10-24 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2012 in the subject Law - Miscellaneous, grade: A, University of Westminster, course: BSc Accounting and Business Management, language: English, abstract: This is a critical assessment of the meaning and significance of the corporate personality doctrine and explains how it is applied in practice. It also contains an explanation of what is meant by "lifting the veil of incorporation" and critically assesses in which types of situation it may be applied.
Download or read book Company Law written by Louise Franklin and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Cases and Materials in Company Law written by L. S. Sealy and published by Oxford University Press. This book was released on 2007-10-04 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials in Company Law is well-established as the best casebook on company law available. It covers all vital cases and combines sophisticated commentary with well-chosen notes and questions. This edition retains the original successful structure and style, whilst being fully updated to reflect changes following the Companies Act 2006.
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 Corporate Personality in the 20th Century written by Ross Grantham and published by Hart Publishing. This book was released on 1998-04-19 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places aspects of company law in a theoretical and historical perspective and considers the issues whivh cause its technicalities.
Download or read book Company Law written by Alan J. Dignam and published by Oxford University Press, USA. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART I: Fundamental Principles 1.: Introduction to company law 2.: Corporate personality and limited liability 3.: Lifting the veil 4.: Promoters and pre-incorporation contracts 5.: Raising capital: equity and its consequences 6.: Raising capital: debentures - fixed and floating charges PART II: Behind the Corporate Veil 7.: Share capital 8.: The constitution of the company: memorandum and articles of association: dealing with insiders 9.: Classes of shares and variation of class rights 10.: The principle of majority rule 11.: Statutory shareholder remedies Part III: Corporate Authority 12.: The constitution of the company: dealing with outsiders 13.: Corporate management 14.: Directors' duties 15.: Corporate governance 1: corporate governance and corporate theory 16.: Corporate governance 2: the UK corporate governance debate 17.: Corporate rescue and liquidations.
Download or read book Hold Me in Contempt written by and published by . This book was released on 2019 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Anatomy of Corporate Law written by Reinier Kraakman and published by OUP Oxford. This book was released on 2009-07-23 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.
Download or read book Piercing the Corporate Veil Doctrine in International Investment Agreements written by Anastasiia Dulska and published by . This book was released on 2018-05-28 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2017 in the subject Law - Miscellaneous, grade: 1.7, Humboldt-University of Berlin (International Dispute Resolution Master of Laws (LL.M.) Programme), course: International Investment Arbitration, language: English, abstract: The piercing the corporate veil in ISDS plays a twofold role. From the investors' perspective, it is instrumental if a tribunal can ignore the difference between the legal personality of the company in which they invested in and the shares that they hold. Per contra, States also invoke this doctrine by trying to convince a tribunal to look at the true personalities involved and not to allow an investor to hide behind the veil of the different legal personalities. To address these competing interests, the author of this Master Thesis in Chapter II intends to analyse the characteristic pattern and standing of shareholders in bringing indirect claims aimed to persuade the tribunal to ignore the difference between the legal personality of a company and its shareholders and to look at the true interests at stake instead. In Chapter III, the applicability of the piercing the corporate veil doctrine will be approached from the States' perspective and when they invoke the denial of benefits clauses. On the basis of the foregoing, this Master Thesis purports to address the intersection between the jurisdiction of the arbitral tribunal in ISDS and the concepts of investor and investment underlying the application of the piercing the corporate veil doctrine. By doing so, the author of this Master Thesis explores the provisions of IIAs commented on by authoritative treatises, contemporary views embodied in articles, and jurisprudence of international investment treaty tribunals. In order to arrive at its findings and conclusions, this Master Thesis utilizes the method of description, method of conceptual analysis, comparative method, and method of evaluation.
Download or read book Company Law in Context written by David Kershaw and published by Oxford University Press, USA. This book was released on 2012-06-28 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Company Law in Context' is an ideal main text for company law courses. David Kershaw places company law in its economic, business, and social context, making more accessible and relevant the cases, statutes, and other forms of regulation. A running case study provides a practical perspective.
Download or read book Rights Persons and Organizations written by Meir Dan-Cohen and published by Quid Pro Books. This book was released on 2016-06-16 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Not for Profit Law written by Matthew Harding and published by Cambridge University Press. This book was released on 2014-05-08 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: (1) Politics, in the broader sense of living as a community, and the narrower sense of political power; (2) Charity, how it is defined and changes in its meaning over time; (3) Taxation, including the rationale for government support of the sector through the tax system; (4) Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector.
Download or read book Mayson French Ryan on Company Law written by Derek French and published by Oxford University Press, USA. This book was released on 2013-08-22 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook on company law investigates theoretical issues without sacrificing technical detail, and is ideal for academic and professional students.
Download or read book Corporate Duties to the Public written by Barnali Choudhury and published by Cambridge University Press. This book was released on 2019-01-10 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Download or read book Business Law written by Jane P. Mallor and published by McGraw-Hill Companies. This book was released on 2004 with total page 1302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contemporary Company Law written by Maleka Femida Cassim and published by Juta and Company Ltd. This book was released on 2012 with total page 1208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
