Piercing The Corporate Veil
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Piercing The Corporate Veil
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Author : Michala Rudorfer
language : en
Publisher: GRIN Verlag
Release Date : 2009-07
Piercing The Corporate Veil written by Michala Rudorfer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07 with Corporate veil categories.
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
Piercing The Corporate Veil
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Author : Stephen B. Presser
language : en
Publisher: Clark Boardman Callaghan
Release Date : 1991-01-01
Piercing The Corporate Veil written by Stephen B. Presser and has been published by Clark Boardman Callaghan this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-01 with Law categories.
Piercing The Corporate Veil
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Author : Karen Vanderkerckhove
language : en
Publisher:
Release Date : 2007
Piercing The Corporate Veil written by Karen Vanderkerckhove and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Conflict of laws categories.
"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.
Piercing The Corporate Veil In Latin American Jurisprudence
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Author : Jose Maria Lezcano
language : en
Publisher: Routledge
Release Date : 2015-12-14
Piercing The Corporate Veil In Latin American Jurisprudence written by Jose Maria Lezcano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-14 with Law categories.
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.
Piercing The Corporate Veil
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Author : Michala Rudorfer
language : en
Publisher: GRIN Verlag
Release Date : 2009-07-27
Piercing The Corporate Veil written by Michala Rudorfer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-27 with Law categories.
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. [...]
Piercing The Corporate Veil
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Author : Roberto Miguel Rodriguez
language : en
Publisher:
Release Date : 2023-10-02
Piercing The Corporate Veil written by Roberto Miguel Rodriguez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-02 with categories.
"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.
Liability Of Corporate Groups And Networks
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Author : Christian A. Witting
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Liability Of Corporate Groups And Networks written by Christian A. Witting and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Business & Economics categories.
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Disregard Of The Corporate Fiction And Allied Corporation Problems
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Author : I. Maurice Wormser
language : en
Publisher: Beard Books
Release Date : 2000-11
Disregard Of The Corporate Fiction And Allied Corporation Problems written by I. Maurice Wormser and has been published by Beard Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11 with Law categories.
Piercing The Corporate Veil In Latin American Jurisprudence
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Author : Jose Maria Lezcano
language : en
Publisher: Routledge
Release Date : 2015-12-14
Piercing The Corporate Veil In Latin American Jurisprudence written by Jose Maria Lezcano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-14 with Law categories.
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.
Piercing The Corporate Veil
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Author : Ramesh S. Arunachalam
language : en
Publisher:
Release Date : 2018-12
Piercing The Corporate Veil written by Ramesh S. Arunachalam and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12 with categories.
The book looks at financial crisis situations and examines the possibility of piercing the corporate veil as a strategy to create an accountable financial sector