“LIFTING THE CORPORATE VEIL”- AN OVERVIEW Definition-Lifting or Piercing the Corporate Veil Lifting or Piercing the Corporate Veil is a Legal process or proceedings taken to uncover the common shield in respect of any suspicious event happened or to be happened or on the basis of allegation made or to be made against the Company. This piercing process can be compared to a person lifting the curtain of a Drama Stage to know what is actually happening without being the drama commenced. Piercing the
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“LIFTING THE CORPORATE VEIL” The recognition that a company is a separate legal entity distinct from its shareholders is often expressed as the “veil of incorporation”. General principle‚ once a company is incorporated‚ the courts usually do not look behind the veil to inquire why the company was or who really controls it. However in certain situations‚ the court will ignore the separate legal personality of a company and look to the members/controllers of the company is “lifting the veil”
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Veil Lifting QUESTION The general reasoning of the Court in this area of Veil Lifting the Corporate veil has been confusing and‚ at times‚ contradictory: Discuss The question requires an analysis of whether the parent company (A); will be liable for the claims against its subsidiary‚ (b): in other words‚ whether the corporate veil can be lifted in this group structure. Both the parent company and its subsidiary are incorporate which have been legally formed. A company once incorporated‚ is a separate
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Live Above the Veil W.E.B. Du Bois’s The Souls of Black Folk‚ a collection of autobiographical and historical essays contains many themes. Themes such as souls and their attainment of consciousness and the theme of double consciousness appear in many of the compositions. However‚ one of the most prominent themes is that of "the veil." The veil provides a connection between the 14 seemingly unconnected essays that make up this book. Mentioned at least once in most of the essays the veil is the stereotypes
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separation of legal personality and the lifting of the corporate veil from the cases of Salomon v A Salomon co ltd (1897)‚ Catherine lee v Lee’s Air farming ltd (1960). Salomon v Salomon was the first principle case of its kind and its principle was that a limited company is a separate legal entity‚ in catherine lee v lee this case was reaffirmed‚ and Gilford Motors v Horne was the first law case to ‘pierce the corporate veil’. WHAT IS THE PRINCIPLE OF separate CORPORATE PERSONALITY? There are 3 types
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LIFTING THE CORPORATE VEIL (i) Introduction (ii) Principles of Corporate Personality (iii)Statutory Exceptions (iv)Common Law and the Mere Façade Test (v) Agency and Groups (vi)Conclusions INTRODUCTION 1. When a creditor discovers that a debtor company is insolvent‚ the creditor will frequently want to recover the debt from a shareholder‚ director or associate of the insolvent company. There exist various statutory and common law mechanisms by which the corporate veil can be lifted and
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Lifting of Corporate Veil in Tort Cases in Pursuit of Justice Introduction Limited liability has been the prevailing rule for corporations for more than a century. It creates incentives for excessive risk-taking by allowing companies to avoid the full costs of their activities. Strict application of this rule in all cases would lead to inflexibility and injustice‚ particularly in tort cases. Therefore‚ as suggested by Stephen Griffin—“in the interests of justice and to prevent subsidiary companies
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Corporate veil Introduction With the contemporary appreciation of the separate entity principle in courts‚ it has become increasingly difficult to predict the outcome of cases with precision as in the case of Salomon v. Salomon & Co Ltd (1897). Separate corporate personality has been firmly recognized by common law after the verdict given in the case of Salomon v. Salomon & Co Ltd (1897). It was confirmed that a corporation has legal right‚ personality‚ and obligations completely divergent
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and limited liability which are embodied in the doctrine of corporate veil under company law. However‚ some businessmen‚ law scholars and the public at large argue that corporate veil is nothing but a fallacy meant to dupe business people into a false sense of security. The following presentation seeks to discuss this assertion‚ bringing out the significance and exceptions of the concept of corporate veil. The doctrine of corporate veil emanate from the ruling of the case of Salomon vs Salomon 1897
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Introduction The main concept in the assignment is about corporate personality. First of all‚ we need to clarify the meaning and characteristics of company. In short‚ company means a body of persons combined for a common object. A company exist there must be a group of persons that more than 1 persons. In eyes of law‚ a company is a separate legal personality from its members. In Section 16(5) CA1965‚ it stated that a body corporate obligations and liabilities are its own‚ and not those of its
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