The process of evolution of man kind led nomadic human beings to collective activities .Activities which were started as struggle for survival turned into ‘for profit’ by providing others with goods of necessity. With increase in wealth and affordability, service sector entered....
The Principle of Separate Corporate Personality
The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon & Co Ltd, whereby a corporation has a separate legal personality, rights and obligations totally distinct...
CORPORATE GROUP STRUCTURE
The issue in this essay is to critically analyse and evaluate the legal nature of corporate groups and the liability and responsibilities of interlinked companies; analysing the corporate group as a vehicle for global business and the need for regulation.
The assertion is...
One of the primary benefits of creating a corporate entity is to limit the liability of the shareholders. However, under certain circumstances the corporate entity may be disregarded. This is also known as piercing the corporateveil and is the most frequent method for holding the shareholders...
Piercing the veil is one of the most discussed and litigated doctrines in all of corporatelaw. A company has a corporate personality distinct from its members. From the juristic point of view, it is a legal person distinct from its members. This is the principal laid down in Salomon v. Salomon &...
Piercing the CorporateVeil in Australia
Ian M Ramsay Harold Ford Professor of Commercial Law and Director, Centre for CorporateLaw and Securities Regulation The University of Melbourne David B Noakes Solicitor, Allen Allen & Hemsley, Sydney, and Research Associate, Centre for CorporateLaw and Securities...
(2001) 19 Company and Securities Law Journal 250-271
Piercing the CorporateVeil in Australia
Ian M Ramsay
Harold Ford Professor of Commercial Law and
Director, Centre for CorporateLaw and Securities Regulation
The University of Melbourne
David B Noakes
Solicitor, Allen Allen & Hemsley, Sydney...
WANT TO SOLVE IN DTC
Tax is like a fictional character ‘Robinhood’ which takes money from the riches to serve the public purpose.However the purpose of this inanimate Robinhood fails when the mask of corporate personality is used to evade andavoid taxes with an angle of international transaction...
CASE LAW REVIEW: VTB CAPITAL PLC v. NUTRITEK INTERNATIONAL CORP & ORS
The concept of forming of corporations by registration and restricted liability of stake holders of corporations dates back to mid nineteenth century. The concept in its very basic sense means that a company is a...
LIFTING THE CORPORATEVEIL
(ii) Principles of Corporate Personality
(iv)Common Law and the Mere Façade Test
(v) Agency and Groups
1. When a creditor discovers that a debtor company is insolvent, the creditor will frequently
PIERCING THE VEIL ON CORPORATE GROUPS IN AUSTRALIA: THE CASE FOR REFORM
[Many large-scale businesses are conducted through the form of corporate groups, each company being a separate legal entity enjoying limited liability. This can create problems for those dealing with corporate group...
The law laid down in Soloman v. Soloman and Co. is often considered the source on the basis of which the jurisprudence of corporate personality has been written world over.
However, the history of corporate-commercial litigation has witnessed situations where in the Courts have...
Abolishing VeilPiercing Stephen M. Bainbridge
“I weigh my words when I say that in my judgment the limited liability corporation is the greatest single discovery of modern times . . . . Even steam and electricity are far less important than the limited liability corporation, and they would be...
Law of Business Associations
Question 1 (a) Essay
“…The courts can and often do, draw aside the veil. They can, and often do, pull off the mask. They look to see what really lies behind. The legislature has shown the way… the courts should follow suit”.
When a company...
Module Title: Company Law
Company Law Assignment – Question A
In this assignment, I will identify the theory of a corporate personality, demonstrate why companies exist autonomously from their promoters or owners, introduce the concept of a company having a corporateveil, and finally to identify...
I. REGISTERED COMPANY, LIMITED LIABILITY, LIFTING THE VEIL
1. Registered Company
(i) Registered Company limited by share – CA 2006, s 3(1) + (2)
(ii) Separate Legal Entity (SLE) – Int. Act 1978, s 8, Sch 1; LPA 1925 s 61
(iii) Perpetual Existence – can’t die, wound up
the he was breach the contract with Diamond Car Sales, does he should stop his trading. This essay will apply law theory and precedent cases to distinguish john case. The principle of corporate entity was established in the case of Salomon v A. Salomon, now referred to as the 'Salomon' principle
versus lifting the veil: The decision in Salomon V. Salomon & Co.23
The case of Salomon V. Salomon & Co., commonly referred to as the Salomon case, is both the foundational case and precedence for the doctrine of corporate personality and the judicial guide to lifting the corporateveil.
The House of Lords...
Relationship Between holding Companies and subsidiaries and the concept of piercing the corporateveil in the light of recent Vodafone's decision and Finance Act 2012
Submitted to- Dr Kiran Kori Faculty-CorporateLaw
Submitted by-Prarthna Baranwal Semester-V Section-A...
DOCTRINE OF LIFTING OF CORPORATEVEIL
• In the eyes of law, a company is a legal person with a separate entity distinct from its members of shareholders. In essence it means that there is a veil or curtain separating the legal entity of the company from its members or shareholders. But in reality...