Books: 'Corporate veil of legal personality'

1

Piercing the corporate veil. New York, N.Y: C. Boardman, 1991.

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2

Clausen, Nis Jul. Legal entity under detailed and not detailed regulation: Exemplified through US and Danish case law. Odense: Odense Universitet, 1988.

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3

Highton, Federico R. Responsabilidad patrimonial solidaria de directores, administradores y socios por demandas laborales contra sociedades comerciales. 2nd ed. Buenos Aires: Ad-Hoc, 2001.

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4

Borda, Guillermo Julio. La persona jurídica y el corrimiento del velo societario. Buenos Aires: Abeledo-Perrot, 2000.

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5

Villamizar, Roquefélix Arvelo. La teoria del velo corporativo y su aplicacion en el derecho venezolano: Aspectos tributarios. Caracas: Ediciones Liber, 1999.

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6

Capmany, Felipe Díaz. La doctrina del levantamiento del velo: De la persona jurídica en el proceso de creación del derecho. Barcelona: Editorial Rosaljai, 1996.

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7

Bas, Francisco Junyent. Responsabilidad de los administradores por fraude laboral. Córdoba: Alveroni Ediciones, 2001.

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8

Lefebvre, Ediciones Francis. Responsabilidad de los administradores: Levantamiento del velo. 2nd ed. Madrid: Ediciones Francis Lefebvre, 2000.

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9

Indonesia, ed. Risiko hukum pemilik, direksi & komisaris PT: Piercing the corporate veil : memberlakukan tanggung jawab pribadi pemegang saham, direksi & dewan komisaris menurut UU PT no. 40 thn 2007. 2nd ed. [Jakarta]: ForumSahabat, 2008.

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10

Vaamonde, Santiago Ortiz. El levantamiento del velo en el derecho administrativo: Régimen de contratación de los entes instrumentales de la Administración, entre sí y con terceros. [Madrid, Spain]: La Ley, 2004.

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11

Rabensdorf, Renate. Die Durchgriffshaftung im deutschen und russischen Recht der Kapitalgesellschaften: Eine rechtsvergleichende Untersuchung. Frankfurt a.M: P. Lang, 2009.

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12

Rabensdorf, Renate. Die Durchgriffshaftung im deutschen und russischen Recht der Kapitalgesellschaften: Eine rechtsvergleichende Untersuchung. Frankfurt a.M: P. Lang, 2009.

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13

Kachalova, Anna, and Tat'yana Soyfer. Problems of participation of legal entities in civil turnover. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1234412.

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The textbook contains general provisions on legal entities, including the nature of legal entities, their creation and termination, classifications, and features of the status of corporate and unitary legal entities in general and their individual organizational and legal forms in particular. Special issues related to the legal regime of the authorized capital of a legal entity, corporate governance and control, transactions requiring special approval, and transactions with large blocks of shares, etc. were also considered. Considerable attention is paid to the most pressing problems of the participation of legal entities in civil turnover, which are revealed on the basis of the analysis of doctrinal positions and law enforcement practice. For those studying civil law disciplines, practicing lawyers and anyone interested in the peculiarities of the legal personality of legal entities and the problems of their participation in civil turnover.

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14

French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 5. Corporate personality. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0005.

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This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts, and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the courts affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In addition, the chapter examines the process known as ‘piercing the corporate veil’ in relation to the evasion principle; how an artificial entity can have legal personality; and a number of particularly significant court cases. Finally, it looks at corporate law theory and the issue of company linguistics.

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15

French, Derek. 5. Corporate personality. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0005.

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This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the House of Lords affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In addition, the chapter examines the process known as ‘piercing the corporate veil’ in relation to the evasion principle; how an artificial entity can have legal personality; and a number of particularly significant court cases. Finally, it looks at corporate law theory and considers whether companies are grammatically singular or plural.

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16

Moore, Imogen. 2. Companies and Corporate Personality. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.003.0002.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter considers the main legal forms used for businesses in the UK— particularly sole traders, general partnerships, limited liability partnerships (LLPs) and companies. It then examines how registered companies limited by shares come into existence. On registration a company becomes a legal person, separate from its shareholders and directors. This chapter explores this ‘corporate personality’ and the popular topic of when the ‘veil of incorporation’ can be lifted or pierced by statute or the courts.

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17

Ricks, R. Scott. The Corporate Veil. Longstreet Press, 2003.

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18

G, Green Christopher, Welsh Peter L, Kaden Gregory O, Simshauser Peter, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Shareholder liability: Piercing the corporate veil & beyond. Boston, MA (Ten Winter Pl., Boston 02108-4751): MCLE, Inc., 2009.

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19

G, Green Christopher, Welsh Peter L, Kaden Gregory O, Simshauser Peter, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Shareholder liability: Piercing the corporate veil & beyond. Boston, MA (Ten Winter Pl., Boston 02108-4751): MCLE, Inc., 2009.

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20

Carmen, Boldó Roda, ed. El Levantamiento del velo y la personalidad jurídica de las sociedades mercantiles. Madrid: Tecnos, 1993.

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21

Dignam, Alan, and John Lowry. 3. Lifting the veil. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0003.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Three cases are highlighted: Adams v Cape Industries (1990), Chandler v Cape Plc (2012), and Prest v Petrodel Industries Ltd (2013). The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.

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22

Dignam, Alan, and John Lowry. 3. Lifting the veil. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0150.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Three cases are highlighted: Creasey v Breachwood Motors Ltd (1993), Ord v Belhaven Pubs Ltd (1998), and Trustor AB v Smallbone (No 2) (2001). The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.

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23

Ana Sofia, Barros. 1 Legal Status (Personality), 1.6 Application of the Interim Accord of 13 September 1995 ( The Former Yugoslav Republic of Macedonia v Greece ), Judgment, [2011] ICJ Rep 644. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0008.

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The present case addresses the responsibility of states for their own conduct performed in the framework of international organizations. The matter at stake concerned the responsibility of Greece for its objection to FYROM’s candidacy for membership in NATO, which eventually led to latter’s decision to refuse FYROM’s admission. Contrary to Greece’s contention that the decision had been taken by NATO as a whole, and that it was thus solely attributable to it, the ICJ lifted the institutional veil and rather concentrated on the legality of the individual conduct of Greece. In this decision, the Court confirmed that member state participation in institutional decision-making processes can, in its own right, constitute legally relevant conduct against which state compliance with earlier international law obligations may be judged.

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24

Singer, Abraham A. Toward a Relational Corporate Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190698348.003.0010.

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This chapter begins the presentation of a normative theory of the corporation, assessing corporate law in light of the argument in Part II. It argues that the relational approach to law, developed and pioneered by 20th-century feminist political and legal theorists, has a natural affinity with the norm-governance approach developed in previous chapters. While not always explicitly dealing with the specific questions that this book is concerned with, the framework and method of analysis that these scholars have developed for other branches of the law are useful for drawing out the implications of the norm-governance theory for questions of corporate law. Drawing on this tradition, this chapter sketches out what a relational approach to corporate law and business entails, the types of concerns it can help register, and some of the consequences this approach has for how firms and corporations are, and ought to be, structured. This includes a novel way of understanding corporate personality, fiduciary duty, limited liability, and at-will employment.

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25

Turner, Henry. Corporate Persons, between Law and Literature. Edited by Lorna Hutson. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199660889.013.12.

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This essay examines the history of the corporation as both ‘person’ and ‘group’ and compares legal theories of corporate personhood with poetic and theatrical ideas about ‘personation,’ fictional ‘personality,’ and allegorical ‘personification’. Major examples include Calvin’s Case (1608) and the case of Sutton’s Hospital (1612), Spenser’s Faerie Queene, assorted plays by Shakespeare, Hobbes’s Leviathan, and Ben Jonson’s The Alchemist and Bartholomew Fair. The essay concludes with some theoretical speculation about the pragmatic and mimetic nature of corporate personhood today, especially in advertising and branding. It suggests that our current debates over corporations are symptomatic of a more general impoverishment in our public discourse concerning ethical ideas and the value of collective action.

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26

Moore, Imogen. 12. Mixed Topic Questions. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.003.0012.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter looks at mixed topic questions and considers a variety of topics, including directors’ duties; shareholder remedies; de facto and shadow directors; corporate personality; lifting/piercing the veil of incorporation; pre-incorporation contracts; wrongful trading; disqualification; and the articles of association.

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27

Slorach, J. Scott, and Jason Ellis. 7. Limited companies—an introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787686.003.0007.

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This chapter considers the legal position of limited companies. Many businesses are run by limited companies. These range from international conglomerates to companies owned by one person running a small business. The discussions cover the concept of the company; sources of company law; registration; types of registered company; the company as a separate legal personality; and lifting the veil of incorporation.

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28

Slorach, J. Scott, and Jason Ellis. 7. Limited companies—an introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823230.003.0007.

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This chapter considers the legal position of limited companies. Many businesses are run by limited companies. These range from international conglomerates to companies owned by one person running a small business. The discussions cover the concept of the company; sources of company law; registration; types of registered company; the company as a separate legal personality; and lifting the veil of incorporation.

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29

Lustig, Doreen. Veiled Power. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822097.001.0001.

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This book presents a historical study of the international law of the private business corporation. The literature on corporations and international law typically concentrates on the failure to regulate corporations. This book challenges this ‘failure’ narrative and presents an alternative historical reading: a history of its facilitative role in constituting an economic order. This study draws inspiration from scholarship on the history of international trade law, international investment law, the history of global governance, and political economic analysis of international law, and connects these specialized fields in a single lens: the corporate form. The point of departure for this history is the simultaneous emergence of international law as a modern legal discipline and the turn to free incorporation in corporate law during the last third of the nineteenth century. The book demonstrates how the sovereign veil of the state and the corporate veil of the company were applied in tandem to insulate corporations from responsibility. Nevertheless, less powerful states invoked the same prevailing conceptions of the corporation, the sovereign state, and the relation between them, to curtail corporate power in struggles associated with decolonization. Reacting to these early victories, capital exporting countries shifted to a vocabulary of human rights and protected companies under a new regime of international investment law, which entrenched the separation between market and politics.

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30

Gerner-Beuerle, Carsten, and Michael Anderson Schillig. Comparative Company Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.001.0001.

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This book provides an exposition of company law from a comparative perspective. It analyses important policy issues in the area of company law, including the emergence and nature of the business corporation, EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, minority shareholder protection in corporate control transactions, legal capital, and piercing the corporate veil, as well as corporate insolvency and restructuring law. The book’s main focus is the law of public and private companies in the common law sense (the law of partnerships is referred to and taken into account as necessary). The book’s analysis encompasses the corporate laws of the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice of the EU. It includes edited and, where necessary, translated extracts from leading company case law. The cases are discussed and interpreted in the context of the national and European regulatory frameworks and in light of economic and legal theory, as well as legal history.

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31

Hansmann, Henry, and Richard Squire. External and Internal Asset Partitioning. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.3.

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This chapter analyzes the economic consequences of external and internal asset partitioning, and it considers implications of this analysis for creditor remedies. External partitioning refers to the legal boundaries between business firms and their equity investors, while internal partitioning refers to the legal boundaries within corporate groups. The chapter begins by cataloguing the benefits and costs of corporate partitioning; it then employs this catalogue to analyze the relative economics of external and internal partitioning. Non-partitioning functions of subsidiaries are also identified. The chapter then considers whether cost-benefit analysis predicts how courts actually apply de-partitioning remedies, with particular emphasis on veil piercing and enterprise liability. The chapter concludes by arguing that courts should employ the distinction between external and internal partitioning when applying creditor remedies that disregard corporate partitions, and it identifies factors—in addition to whether a partition is internal or external—that courts should consider when deciding whether to de-partition.

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32

Hannigan, Brenda. Company Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198787709.001.0001.

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Company Law brings clarity and analysis to the ever-changing landscape of this field. The text aims to capture the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides readers through all the major areas. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors' duties and liabilities), shareholders' rights and remedies (including powers of decision-making and shareholder engagement), corporate finance (including share and loan capital), and corporate insolvency (including insolvencies arising).

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33

Hannigan, Brenda. Company Law. 6th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198848493.001.0001.

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Company Law brings clarity and analysis to the ever-changing landscape of this field. The text aims to capture the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides readers through all the major issues. From incorporation through to liquidation and dissolution, the work explores the workings of the corporate entity. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors’ duties and liabilities), shareholders’ rights and remedies (including powers of decision-making and shareholder petitions), corporate finance (including share and loan capital), and corporate insolvency.

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34

Ludwig, Kirk. Corporations. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198789994.003.0014.

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Chapter 14 applies the account developed through Chapter 13 to corporate agency. First, it develops an account of the corporation as its shareholders acting through the corporate form. Second, it explains the significance of legal personality and its relation to the forms of speech we use to attribute corporate agency, which shows the surface forms of speech to be misleading. Third, it develops an account of the structure of corporate agency when ownership and control are separated in a two-tier management system consisting of an elected board of directors overseeing upper management. The conclusion is the board, management, and employees are proxy agents of the shareholders. Fourth, it considers the some forms of legal speech about corporations that raise specific puzzles. Fifth, it develops a deflationary account of the import of ordinary forms of speech about corporations and businesses that employ propositional attitude verbs.

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Books on the topic 'Corporate veil of legal personality'

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