Academic literature on the topic 'Piercing the corporate veil'

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Journal articles on the topic "Piercing the corporate veil"

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MARAŠ, IVANA, and DARKO GOLIĆ. "PIERCING THE CORPORATE VEIL." Kultura polisa, no. 44 (March 8, 2021): 279–91. http://dx.doi.org/10.51738/kpolisa2021.18.1r.4.03.

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The subject of the paper is the institute of piercing the corporate veil – the review of norms as well as court practice cases related to the application of this institute. The primary goal of this paper is detailed presentation of the institute of piercing the corporate veil, as an important exception from the principle of limited liability with certain forms of companies and recognition of important significance that is still not entirely used in practice. The conclusion from research is that it is necessary to provide a more precise and clearer positive legal regulations of this institute in order to unify court practice and facilitate creditors in applying and proving rights through the institute of piercing the corporate veil. With more precise regulation of legal provisions and positive examples of court practice, the creditors would be encouraged to use this instrument more frequently. Methods used in this paper include dogmatic method, normative method, comparative method as well as axiology method, explained in more detail below.
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Vandekerckhove, Karen. "Piercing the Corporate Veil." European Company Law 4, Issue 5 (October 1, 2007): 191–200. http://dx.doi.org/10.54648/eucl2007049.

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Dewi, Sandra. "Prinsip Piercing The Corporate Veil Dalam Perseroan Terbatas Dihubungkan Dengan Good Corporate Governance." Jurnal Hukum Respublica 16, no. 2 (June 13, 2018): 252–66. http://dx.doi.org/10.31849/respublica.v16i2.1439.

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Tujuan penelitian ini menjelaskan prinsip piercing the corporate veil dapat menunjang terwujudnya GCG dalam rangka mencegah penyalahgunaan kekuasaan pemegang saham. Metode penelitian ini hukum normatif dengan pendekatan perundang-undangan), konsep dan kasus. Hasil penelitian ini dapat dijelaskan bahwa prinsip piercing the corporate veil menunjang terwujudnya GCG dalam rangka mencegah penyalahgunaan kekuasaan pemegang saham. Prinsip piercing the corporate veil tersebut dapat membatasi atau mencegah perbuatan melawan hukum yang dilakukan pemegang saham, komisaris, dan direksi yang memanfaatkan fasilitas perseroan untuk kepentingan pribadi atau penyalahgunaan kekayaan perseroan. Kesimpulan penelitian ini bahwa akibat hukum prinsip piercing the corporate veil terhadap tanggung jawab PT apabila dilanggar menyebabkan tanggung jawab perseroan yang tadinya terbatas menjadi unlimited liability (tanggung jawab tidak terbatas) hingga sampai harta pribadi dari pemegang saham. Dalam perkembangannya, tanggung jawab hukum tidak terbatas ini dapat dibebankan kepada organ perseroan lainnya, seperti komisaris atau direksi apabila terlibat dalam pelanggaran prinsip piercing the corporate veil. Dengan penerapan tanggung jawab pribadi berdasarkan prinsip piercing the corporate veil maka menjadi kewajiban hukum dari organ perseroan meliputi direksi, pemegang saham, dan komisaris yang menyalahgunakan wewenang untuk bertanggung jawab sampai pada harta kekayaan pribadi serta memberikan kepastian dan perlindungan hukum bagi stakeholders (para pemangku kepentingan) yang dirugikan atas kegiatan usaha yang dijalankan para organ.
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Abdurrahman, ,., and ,. Pujiyono. "POLITIK HUKUM DOKTRIN PIERCING THE CORPORATE VEIL PADA PENGELOLAAN PERSEROAN TERBATAS DI INDONESIA." Jurnal Hukum dan Pembangunan Ekonomi 7, no. 2 (July 16, 2020): 181. http://dx.doi.org/10.20961/hpe.v7i2.43002.

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<p>Abstract<br />This article aims to examine the legal politics of the doctrine of Piercing the Corporate Veil in the regulation of Limited Liability Companies in Indonesia. The problems discussed are related to how the legal politics of the Piercing the Corporate Veil doctrine in the management of Limited Liability Companies in Indonesia. The research method used is normative legal research with the nature of prescriptive research using a statute approach. The results of the study indicate that the Piercing the Corporate Veil doctrine can eliminate the previously limited liability of the Company’s organs to be unlimited if the Company’s organs are proven to have done an act that is detrimental to the Company or third parties.</p><p>Keywords: limited liability company; Responsibility of Company Organs; Piercing the Corporate Veil</p><p>Abstrak<br />Artikel ini bertujuan mengkaji terkait politik hukum doktrin Piercing the Corporate Veil dalam peraturan Perseroan Terbatas di Indonesia. Permasalahan yang dibahas adalah terkait bagaimana politik hukum doktrin Piercing the Corporate Veil dalam pengelolaan Perseroan Terbatas di Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan sifat penelitian preskriptif dengan menggunakan pendekatan statute approach. Hasil penelitian menunjukkan bahwa doktrin Piercing the Corporate Veil dapat menghapuskan pertanggungjawaban organ Perseroan yang sebelumnya terbatas menjadi tidak terbatas jika organ Perseroan terbukti melakukan perbuatan yang merugikan bagi Perseroan maupun pihak ketiga.</p><p>Kata kunci: Perseroan Terbatas; Pertanggungjawaban Organ Perseroan; Piercing the Corporate Veil</p>
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Dewi, Sandra. "MENGENAL DOKTRIN DAN PRINSIP PIERCING THE CORPORATE VEIL DALAM HUKUM PERUSAHAAN." Soumatera Law Review 1, no. 2 (October 31, 2018): 380–99. http://dx.doi.org/10.22216/soumlaw.v1i2.3744.

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Business entities in the business world are well-known that are already in the form of companies or those that are not yet companies. Based on its legal form, the company is divided into two, namely companies with legal status and those that are not legal entities. As an independent legal entity pursuant to Article 3 paragraph (1) the Limited Liability Company Law stipulates that the responsibility of PT shareholders is limited to the value of shares held in the company. Economically, the element of limited liability of the company's shareholders is an important factor as a motivating bait for the willingness of prospective investors to invest in the company. The formulation of the problem in this paper is: 1) how the piercing doctrine of the corporate veil in corporate law and 2) how to apply the principle of piercing the corporate veil in Indonesia. The type of writing used in this writing is a type of normative legal research. The doctrine of piercing the corporate veil in corporate law can be seen from: a) piercing the corporrate veil; b) the doctrine of fiduciary duty; c) self dealing transaction doctrine; d) doctrine corporate opportunity; e) doctrine businnes judgment rule; f) ultra vires and intra vires. Application of the Piercing Principles of the Corporate Veil in Indonesia: a) company shareholders; b) company founder; c) company directors; and d) commissioners of limited liability companies.
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Kholmirzaev, Utkirbek. "The Necessity Of Piercing Corporate Veil Doctrine In Uzbek Corporate Law." American Journal of Political Science Law and Criminology 02, no. 12 (December 27, 2020): 83–90. http://dx.doi.org/10.37547/tajpslc/volume02issue12-13.

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This article discusses the distribution of liability risks of shareholderss and other controlling persons on corporate liabilities. Given the analysis of ex post and ex ante model of control over distribution of risks of civil turnover participants in common law and continental legal traditions. Also, considered problems of shareholders' liability on obligations of corporations in the Republic of Uzbekistan. A shareholder shall be held liable on a subsidiary basis for the obligations of the legal entity in case of insolvency, as a result of the member's wrongful acts. However, some mechanisms of such liability do not allow to resolve the issue fairly.
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Kusuma, Ng Catharina Enggar, and Fl Yudhi Priyo Amboro. "Doing the Corporate Business with Piercing the Corporate Veil Doctrine: Indonesia, Us And Uk Perspective." Sociological Jurisprudence Journal 3, no. 2 (August 7, 2020): 126–29. http://dx.doi.org/10.22225/scj.3.2.1832.126-129.

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The absence of piercing the corporate veil doctrine in the Indonesian company law shows that the subsidiaries of such corporate groups are considered a separate legal personality, hence it is probably almost impossible to held the parent company liable for its subsidiaries’ legal actions under any conditions. This research adopted a normative legal research with a comparative law study method. The goal of this research is describe the implementation of piercing the corporate veil doctrine in Indonesia, US and UK, then to make the points of contribution of this doctrine to be regulated properly in Indonesia. In fact, piercing the corporate veil doctrine is implemented in Indonesia, although there was not any normative legal basis of the doctrine itself, whereas in US and UK, the doctrine is implemented and further developed through precedents. Therefore, since there is an evident relationship between a parent company and its subsidiary, whereby in certain cases the parent company can and should be held liable for the acts of its subsidiary, there should be a more explicit regulation regarding both corporate groups and piercing the corporate veil doctrine.
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Гутников, Олег, and Olyeg Gutnikov. "Responsibility before creditors in the corporate relations: tendencies and prospects of development of rules of law." Journal of Russian Law 2, no. 7 (September 18, 2014): 20–31. http://dx.doi.org/10.12737/4820.

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This article is about the corporate disregard. Explicates the main principle of corporate law — separation of legal entity (separate legal personality) and separation of corporate property from person and property of participants of that corporation (separation principle). Author analyzed norms of the existing legislation, which are departing from this principle and allow cases to make the founders of a legal entity (or other persons having the ability to determine the actions of the legal entity) accountable for the obligations of that legal entity. Define the boundaries of application of the “piercing the corporate veil” doctrine, on the creation the legal rules on the liability to creditors of the legal person founders and other persons. The author concludes that the application of the “piercing the corporate veil” doctrine is possible only in case of corporate property deficiency during the creation or liquidation of juridical persons. Proposed to extend the relevant uniform rules on any legal entity. At the same time substantiates the thesis against use of the “piercing the corporate veil” doctrine during the existence of the legal entity as violating “the principle of separation”. The author writes about necessity exemption in applicable law cases of the “piercing the corporate veil” doctrine during the existence of the legal entity. Also attention turn to the vagueness of “reverse veil piercing” doctrine in the domestic law, when it concern the interests of the creditors-participating entity, in cases when it is possible to hold a legal entity accountable for the debts of its founders (participants) or the owner of the property.
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Tomczak, Tomasz. "The Enforcement of Environmental Damages Judgement as a Basis for Piercing the Corporate Veil within a Corporate Group." Problemy Prawa Prywatnego Międzynarodowego 28 (June 30, 2021): 197–234. http://dx.doi.org/10.31261/pppm.2021.28.07.

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The present article, on the basis of the high-profile Chevron case, rethinks the principle of corporate veil within a corporate group. It tries to convince the reader that a plaintiff holding an environmental damages judgement should be able to enforce it against any company in the corporate group of defendant regardless of the fact that such company was not a defendant in the underlying action (the new test). To attain this goal, firstly, the basic notions as an “environmental damages judgement,” a “corporate group,” and “the corporate veil” are explained. The article then elaborates on the importance of the corporate veil principle. Furthermore, it describes what would currently constitute a potential ground for piercing of the corporate veil in Canada. Later on, it provides a three-level justification for why the veil, in the described circumstances, should be pierced. Finally, the new test regarding piercing the corporate veil is proposed.
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Xiao, Luo, and Jun Chen. "The Sword Hanging High—Discussion on the Enlightenment of the “Piercing the Corporate Veil” System to Company Operation and Its Effects." Journal of Economics and Public Finance 7, no. 5 (September 23, 2021): p1. http://dx.doi.org/10.22158/jepf.v7n5p1.

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“Piercing the corporate veil” system is a subversion and exception to the company’s independent personality system and the shareholder limited liability system, but these two are dialectically unified, which are like two sides of a coin. Enriching and improving the legal person system can pave a smooth way for the construction of a fair and legal business environment. Through case study, analysis and comment, this article will explore what enlightenment and guiding role “piercing the corporate veil” system has in corporate operation, and how to ring the alarm to operators and shareholders. Through case study and review, this article summarizes the practical effects of “piercing the corporate veil” system, and help readers have a deeper understanding of the important status of this system.
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Dissertations / Theses on the topic "Piercing the corporate veil"

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Kakubo, Mwanchela M. "Justifications for piercing the corporate veil." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/13510.

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According to the decision in Salomon a company is recognised as a legal entity separate and distinct from its shareholders. Although this fundamental rule has had a considerable influence in company law worldwide, it cannot be absolute and, as such, must allow for exceptions where the courts may disregard the separate legal personality of the company. The general rule is that a court will pierce the corporate veil “only where special circumstances exist indicating that it is a mere façade concealing the true facts, so that the separate existence of the company is in some sense being abused or, at least, is not being maintained in the full sense, with the result that separates between the company and its members does not in fact exist. However the courts uniformly exercise significant discretion, and fail to offer a clear standard for veil piercing.”4 Besides company law, this research paper also considers other areas of law where this principle has been applied. These include labour law, criminal (corporate liability) and maritime law.
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Knutsson, Philip. "Piercing the corporate veil : limits of limited liability." Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-153357.

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Cohen, Jacqui. "Veil Piercing - A Necessary evil? A critical study on the doctrines of limited liability and piercing the corporate veil." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4592.

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This paper will focus on the limited liability of the company and one of the important exceptions to this rule: piercing the corporate veil. This paper reveals, after a detailed analysis, that the doctrine of piercing the corporate veil is inherently flawed. While accepting the necessity for such a doctrine in the context of a global market, this paper shows that its application in many jurisdictions, including South Africa, has proved to be problematic. The question that arises for consideration is whether the difficulties associated with piercing the corporate veil outweigh the obvious benefits of its existence. Put another way, does the doctrine, with all of its flaws, bring about sufficient benefits to justify its maintenance within the South African legal system, or are there in fact other remedies to assist those seeking to hold directors and members liable for the conduct of the company? This paper addresses these issues, and ultimately seeks to assess the prospects of the doctrine in respect of its permanence within the South African legal system.
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Marobela, Mmatjie Meriam. "Piercing of the corporate veil in a holding/subsidiary relationship." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65679.

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Asdorian, Kathleen Blake. "Piercing the corporate veil in a religious institution the search for the assets /." Theological Research Exchange Network (TREN) Theological Research Exchange Network (TREN) Access this title online, 2006. http://www.tren.com.

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Navarro, Jose. "The piercing of the corporate veil in Latin American jurisprudence, with specific emphasis on Panama." Thesis, City University London, 2013. http://openaccess.city.ac.uk/3486/.

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This thesis is composed of five chapters. The first chapter addresses general aspects regarding the piercing of the corporate veil. The rationale for this chapter is to give a brief overview of piercing the corporate veil and address basic aspects that will be covered in this thesis; for example, piercing the corporate veil in corporate groups and piercing the corporate veil in the context of privately owned companies. Additionally, reasons for not covering points such as piercing the corporate veil in the context of public companies will be mentioned. The second chapter is dedicated to studying the piercing of the corporate veil in England and the U.S .. These jurisdictions are the parents of the modern corporate personality and general aspects about piercing . the corporate veil derive from these countries. Thus, Chapter Two can be regarded as a continuation of Chapter One. My purpose is to present the Anglo-American piercing of the corporate veil for it to be contrasted in Chapter Three. Chapter Two starts by addressing the piercing of the corporate veil in England and the reasons for the current position of English courts over this matter. The second part of this chapter is dedicated to the U.S. and its approaches developed in order to deal with corporate personality in that jurisdiction. This chapter concludes by stating the reasons why these jurisdictions have different positions regarding this subject. The third chapter will cover the piercing of the corporate veil in Spain and Latin America. This chapter starts by addressing general aspects of the corporate personality in Spain and Latin America as well as civil law concepts and principles used by these jurisdictions when dealing with corporate personality issues. The second section of this chapter is dedicated to Spain and corporate personality issues in that jurisdiction. Following, is the third section which starts by making a brief comment about the reasons for choosing the jurisdictions subject of study before continuing by addressing Argentina, Chile, Colombia and Brazil individually. This chapter ends by making a comparison between the methods used by Spain and the discussed Latin American jurisdictions. The fourth chapter is dedicated to the main case study, Panama. In this chapter, basic aspects of the Panamanian corporate entity in addition to the way in which Panamanian authorities have dealt with corporate veil issues to date are addressed. Finally, the principle of san a critica will be explained in the fifth chapter. The origins and rationale for the existence of sana critica and the reason to consider it suitable for supplementing an approach to deal with corporate veil issues. In addition, each of the rules on which sana critica is founded will be explained as well as the influence these rules have had over judges thinking and judgments. This chapter ends with a suggestion for the development of an approach to deal with corporate veil issues in Panama.
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Konradsson, Charlotta. "Lifting the Corporate Veil : Do we need to regulate this institute in swedish law?" Thesis, Linköping University, Department of Management and Economics, 2000. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-722.

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The subject for this composition is the instute"ansvarsgenombrott"which in english is called"lifting the corporate veil"or"piercing the corporate veil". This institute has given rise to several very controversial questions. The most important questions are: Which principles must be fulfilled if the institute shall come in to question and is there a need for a regulation of the institute in swedish law?

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Sundby, Anna. "Piercing the corporate veil in swedish law : points of view de lege lata and de lege ferenda." Thesis, Linköping University, Department of Management and Economics, 2000. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-665.

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The basic principle for limited companies is that the owners are not liable for the debts of the company. To protect the creditors of the company, however, a theory of personal liability for the owners has evolved, the so called piercing the corporate veil theory. For decades there have been disagreements wether or not it would be motivated to legislate the theory of piercing the corporate veil, and what this legislation might look like. The basic problems in my essay are: Is there a need to legislate the theory of piercing the corporate veil in Sweden? What would such a legislation look like in Sweden? To answer these questions I analyzed cases regarding the piercing the corporate veil theory, examined the theory in the USA and Germany and described how authors would like to answer these questions. My results are that there is a need to increase the liability that a parent company has for the debts of its subsidiary companies. This should be done by changing the rule in 15:3 ABL.

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Siebritz, Kim-Leigh. "Piercing the corporate veil : a critical analysis of section 20(9) of the Companies Act 71 of 2008." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5522.

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Dabor, Igho Lordson. "Limited liability : a pathway for corporate recklessness?" Thesis, University of Wolverhampton, 2016. http://hdl.handle.net/2436/620569.

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This thesis argues that the twin concept of separate personality and limited liability from its historical beginnings, has entrenched corporate irresponsibility. It assesses the role that these concepts have played in tackling corporate irresponsibility from their historical origins to the present day, commenting on the lessons learnt. Whilst the institution of the company as a legal person is unquestionably the bedrock of modern company law,1 this thesis examines these concepts not necessarily from the position of disputing the philosophical, economic, or political imperatives, all of which are incredibly important – but from the viewpoint that historically, the principle of separate personality and limited liability entrenches corporate irresponsibility. As such, this thesis suggests a partial abandonment of the separate personality principle because it provides a mechanism for dishonest directors to escape liability for their fraudulent conduct. It also argues that the existing judicial evasion and concealment2 principles and the statutory fraudulent and wrongful trading provisions under the Insolvency Act 19863 are too restrictive, and ambiguous in combating corporate abuse. It is concluded that the existing common law and statutory rules geared towards combating abuse of limited liability provides no coherent format upon which the courts and legislature may effectively curb abuse of the corporate form. As such, these laws in light of their inability to make dishonest directors personally liable for their fraudulent conducts ought to be challenged. There is a need to challenge the existing rules in order to show the effect abuse of limited liability has on creditors, the public and the economy. This research indicates that there ought to be an adequate and effective alternative law which provides balance and support for genuine enterprise whilst providing a robust system whereby those who abuse the corporate form can be easily made liable for corporate debts.
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Books on the topic "Piercing the corporate veil"

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

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Institute, Pennsylvania Bar. Piercing the corporate veil. [Mechanicsburg, PA ]: Pennsylvania Bar Institute, 2010.

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Yorsz, Stanley. Advanced piercing the corporate veil. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2011.

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Yorsz, Stanley. Advanced piercing the corporate veil. Mechanicsburg, Pennsylvania: Pennsylvania Bar Institute, 2013.

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Tezuka, Hiroyuki. Piercing corporate structures in Japan. [Chicago]: American Bar Association, Section of Litigation, 1995.

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Wilkinson, Andrew. Piercing the corporate veil and the Insovency Act 1986. London: Longman, 1987.

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Dongen, R. C. van. Identificatie in het rechtspersonenrecht: Rechtsvergelijkende beschouwingen over "piercing the corporate veil" in het interne en internationaal privatrecht van Nederland, Duitsland, Zwitserland, New York en Texas. Deventer: Kluwer, 1995.

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Chatamarrasjid. Menyingkap tabir perseroan: Kapita selekta hukum perseroan = Piercing the corporate veil. Bandung: Citra Aditya Bakti, 2000.

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Widjaja, Gunawan. 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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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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Book chapters on the topic "Piercing the corporate veil"

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Leddy, Mark. "Piercing the Corporate Veil in Competition Cases." In Europäisches, deutsches und internationales Kartellrecht, edited by Juliane Kokott, Petra Pohlmann, and Romina Polley, 501–22. Köln: Verlag Dr. Otto Schmidt, 2018. http://dx.doi.org/10.9785/9783504386054-031.

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Bainbridge, Stephen M. "Abolishing LLC Veil Piercing." In Private Company Law Reform, 209–34. The Hague: T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-477-6_10.

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Mizon, Bob. "Piercing the Veil: Techniques and Targets." In Light Pollution, 81–138. London: Springer London, 2002. http://dx.doi.org/10.1007/978-1-4471-0669-2_2.

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Moyo, Gorden. "Piercing the Veil of Non-Interference Doctrine: China’s Expanding Military Footprint in Africa." In The Palgrave Handbook of Africa and the Changing Global Order, 805–23. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77481-3_39.

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Van Der Haegen, Matthias. "Transformation of the Cassation Model in France, The Netherlands and Belgium: Piercing the Legalistic Veil." In Transformation of Civil Justice, 349–78. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97358-6_19.

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Loh, I. H., J. L. Chong, Mohd Khairul Amri Kamarudin, and Roslan Umar. "Lifting of Corporate Veil in Wildlife Crime: The Lacuna of Law in Malaysia." In Environmental Management and Sustainable Development, 125–33. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-93932-8_9.

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Martin, Kirsten. "Algorithmic Bias and Corporate Responsibility: How Companies Hide behind the False Veil of the Technological Imperative *." In Ethics of Data and Analytics, 36–50. Boca Raton: Auerbach Publications, 2022. http://dx.doi.org/10.1201/9781003278290-7.

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von Arnauld, Andreas. "Deadlocked in Dualism: Negotiating for a Final Settlement." In Remedies against Immunity?, 313–29. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_16.

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AbstractWhile on the international plane Germany has as strong a position as one could wish for, a second appeal to the ICJ does not seem advisable. Though not formally estopped from challenging Sentenza 238/2014, Germany would at least face a principled contradiction (Wertungswiderspruch). Like Italy, Germany takes the position that international obligations must be disregarded should they be found incompatible with fundamental rights enshrined in the national constitution. Concerning the underlying conflict, another formally strong German position proves to have inherent shortcomings. To argue that, as far as Italian citizens are concerned, all matters of compensation had been dealt with comprehensively in the German–Italian lump sum agreement of 1961 carries some conviction. However, the limitations of that agreement, the erosion of the individual’s strict mediatisation in international law, and recent German compensation schemes for other victims of World War II (WWII) have fuelled a growing discontent with this final settlement. Having been doubly denied recognition as victims by the injustices of non-retroactivity and of differentiation, the Italian WWII victims ‘in oblivion’ have pursued compensation claims for over a decade now. It would go too far to argue an individual claim for financial compensation under international law for historic wrongs. The principle of intertemporal law, however, has its merits as well as its defects. This chapter argues in favour of mildly piercing the veil of intertemporality by reliance on fundamental ethical principles as part of the law in force already at the time of the original violation. A breach in this kind of obligation should give rise to an obligatio de negotiando under the principle of just satisfaction. Such a legal construction takes up the idea that in most of the recent cases of ‘history taken to court’, compensation is but a secondary aim, the primary aim being to ‘tell one’s own story’ as a counter-narrative to hegemonic discourse. By entering into negotiations with the victims ‘in oblivion’, Germany—and Italy—could and should attempt to finally solve what has been and remains a fundamentally unjust situation.
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Gerner-Beuerle, Carsten, and Michael Schillig. "Veil-piercing." In Comparative Company Law, 813–88. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.003.0010.

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Abstract:
This chapter focuses on strategies that, in a broad sense, set the principle of limited liability aside in order to reach (the assets of) the natural or legal persons that benefit from corporate activity. These concepts are complementary to the ex ante strategies discussed in previous chapters. They are ex post in the sense that they will be triggered only if and when the former have failed for some reason. Their aim is to internalize as far as possible the social cost of corporate activity in order to set appropriate incentives for corporate decision-making. The legal concepts under consideration are largely standard based with open textured norms whose application heavily depends on the factual settings in every individual case. Consequently, the challenge is to provide workable criteria and coherent guidance for courts in order to ensure predictability for entrepreneurs and their legal advisers.
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Miles, Robert, and Eleanor Holland. "Piercing the Corporate Veil." In Sham Transactions, 192–208. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199685349.003.0011.

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Conference papers on the topic "Piercing the corporate veil"

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Bohsali, Omar B., Evan C. Newkirk, Eric M. Scofield, Christopher K. Story, Jin Hi F. Werner, Donald E. Brown, and James H. Conklin. "Piercing the veil of anonymous Online Financial Transactions." In 2010 IEEE Systems and Information Engineering Design Symposium (SIEDS). IEEE, 2010. http://dx.doi.org/10.1109/sieds.2010.5469657.

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Powell, M. R. "Piercing the Veil – The Contribution of Confidential Reporting Through CHIRP to Aviation and Maritime Safety Processes." In Learning from Marine Incidents 3. RINA, 2006. http://dx.doi.org/10.3940/rina.mi.2006.01.

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Reports on the topic "Piercing the corporate veil"

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Poterba, James. Dividends, Capital Gains, and the Corporate Veil: Evidence from Britain, Canada, and the United States. Cambridge, MA: National Bureau of Economic Research, May 1989. http://dx.doi.org/10.3386/w2975.

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