CHECK THESE SAMPLES OF Statutory and Common Law Examples of Lifting the Veil on Corporate Personality
Finally, the paper attempts to evaluate the reasons why the courts decide to lift the veil and in other instances keep it firmly drawn down.... The essay considers the wide range of circumstances where the corporate veil can be pierced and this can be both under statute and at common law.... This is modelled under the English common law.... Many of the English common law of companies were readily accepted by different countries which adopted this form of law as their guiding principle in the legal framework and these were also accepted by the courts with little or no modification....
11 Pages
(2750 words)
Essay
Attempts to establish specific criteria for lifting the veil have been fruitless, as the courts have remained adamant to keep derogations from Salomon flexible.... Potential for reforms in the law will be explored, though it will ultimately be argued that codification of the lifting of the veil will greatly reduce, even remove the flexibility enjoyed by the courts when lifting the veil.... It is arguable that the courts' previous instances of lifting the corporate veil have been difficult to predict with any degree of certainty....
10 Pages
(2500 words)
Essay
The paper operates mainly based on research questions which can be stated as follows: How do the different approaches of the US and the UK to the corporate structure have an effect on the veil?... This study will examine the birth of the corporate veil and analyse how the courts have made exceptions so that the veil may be lifted in the UK and the US.... What are the consequences of the veil, especially when it is lifted?... Have directors been able to use the veil to commit fraudulent activities, or have shareholders' rights been made stronger?...
15 Pages
(3750 words)
Coursework
In as much as the Salomon case upholds the notion of separate legal personality, courts sometimes go to the extent of lifting the veil of corporation to establish the human faces behind the companies.... The Court of Appeal rejected the notion of treating the corporations as a single economic entity and held that the interest of justice did not feature as criteria for lifting the veil.... According to the paper courts in England have generally been reluctant to pierce the veil of the incorporation instead preferring to protect the doctrine of separate legal entity....
12 Pages
(3000 words)
Essay
estobell Industries Ltd can be said to that one of lifting the corporate veil.... In the essay 'Common Law Case and Civil Case' the author analyzes the separate corporate personality of a company, which prevents an outsider from taking action against its members even though the outsider can find out who they are and how many shares they hold.... The author states that the corporate personality is the veil, and the members are shielded behind this 'veil of incorporation'....
8 Pages
(2000 words)
Essay
Company law dictates that directors have a fiduciary relationship with the companies they serve.... As fiduciaries, directors are.... ... ... They are:
... ... ritish courts have taken the position that the directors' duty of care is calculated to protect the company itself rather than the individual shareholders....
9 Pages
(2250 words)
Essay
However, it has been propounded that extending such liability would undermine established English legal principles of privity of contract and the veil of incorporation.... Ad hoc approaches to lifting the corporate veil have been made to circumvent the strict application of Salomon however the courts have been reticent to lift the corporate veil limiting such cases to decisions based on achieving 'justice'.... The paper " Effective corporate Governance" describes that it is to critically evaluate the inherent problems within the current political, social, and legal structure for holding complex corporate structures to account and effective corporate governance....
9 Pages
(2250 words)
Essay
) Corporate PersonalityThe nature and practical significance of the legal personality of a registered company have created controversy in practice and have been particularly criticised for ignoring the wider legal issues of corporate group structures.... The paper "The Company law Requirements Regarding Authority" describes that the factual circumstances indicate wrongful trading due to the advice given by the finance director on 15th February 2007 when securing the debt owed to John by way of a fixed charge over the factory....
26 Pages
(6500 words)
Case Study