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Journal articles on the topic 'Piercing the veil of corporate entity'

Author: Grafiati

Published: 4 June 2021

Last updated: 9 February 2022

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1

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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2

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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3

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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Nwafor, Anthony O. "Piercing the corporate veil: An incursion into the judicial conundrum." Corporate Board role duties and composition 11, no. 3 (2015): 136–52. http://dx.doi.org/10.22495/cbv11i3art11.

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Once a company is incorporated, it enjoys, by the power of the law, a personality which is distinct from those of the incorporators. This invariably implies that those running the affairs of the company do not incur personal liability in the course of doing so. The same legal might which forms the basis for corporate existence also regulates its purpose to afford protection to those dealing with the company by ensuring that the controllers of those corporations do not use them to pursue improper personal agenda. The courts have shown the willingness to disregard the corporate entity and impose personal liabilities on the controllers when such improprieties occur. The paper examines the judicial authorities especially in South Africa and the United Kingdom. They reveal a significant level of inconsistencies in the exercise of this equitable power of the court. The paper further examines the recent legislative intervention in South Africa and argues that unless specific guidelines are provided by parliament on when the corporate veil could be pierced, the courts will continue to address this issue as a matter of judicial discretion and which is at the root of the inconsistent and conflicting judicial pronouncements in this vital area of corporate governance.

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5

Kondrateva, Ksenya S., and Ilya A. Sterlyagov. "Perspectives in Applying the Doctrine of “Piercing the Corporate Veil” in Cases of Subsidiary Liability of Persons Controlling the Debtor in the Russian Federation: A Comparative Legal Approach." Vestnik Tomskogo gosudarstvennogo universiteta, no. 462 (2021): 224–31. http://dx.doi.org/10.17223/15617793/462/27.

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The article discusses the issue of the formation of the doctrine of “piercing the corporate veil” in various legal systems in order to determine the possibility of its application when bringing persons controlling the debtor to subsidiary liability in case of insolvency (bankruptcy) in Russia. In the study, general and specific methods of cognition were used: retrospective, historical, logical, and comparative legal. Methods of logical analysis and dialectics were applied, which together with the seeming contradictions of a significant number of scholarly views allow concluding about their unity and constructiveness. It has been established that, in order to use the “piercing” doctrine as a procedural tool to ignore the property isolation of a legal entity, the courts conduct multi-stage tests to justify the need for such use and prove the exclusivity of the case in question. The importance of the legislative introduction of the concept “person controlling the debtor” is noted in connection with the use of corporate structures and forms of informal control, as well as clear criteria for control and circumstances that presume harm to creditors. Based on the analysis of judicial practice, conclusions were drawn about the main ways of abuse of rights when using corporate governance. The question of the possibility of including the claims of participants (shareholders), company managers and interested parties in the register of claims of the debtor’s creditors is problematic in judicial practice. It is concluded that, due to being in the same legal family, the approach of German law enforcement officers to piercing the corporate veil, better known as responsibility for “destructive interference” in the affairs of society, and to recovering damage caused to creditors under the current legislation is close to Russian law. In this connection, the practice of applying the doctrine in Germany can be regarded as a useful experience for Russian law. Taking into account the precedent legal nature of the doctrine of “piercing the corporate veil”, the authors come to the conclusion that it is impossible to borrow it by domestic law. At the same time, Russian law, the main source of which is normative legal acts, if necessary, selects current trends in ways of solving problems that meet the needs of society and the legal community.

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6

Phiri, Siphethile. "Piercing the corporate veil: A critical analysis of section 20(9) of the South African Companies Act 71 of 2008." Corporate & Business Strategy Review 1, no. 1 (2020): 17–26. http://dx.doi.org/10.22495/cbsrv1i1art2.

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When a company is incorporated it becomes a juristic entity with rights and obligations of its own and is distinct from its shareholders and directors. Hence, company liabilities are not those of its shareholders and directors. However, section 20(9) of the Companies Act 71 of 2008 grants the court the discretion to disregard the corporate veil where there is an unconscionable abuse of the juristic personality so as to impose personal liability upon directors or any other person involved in that transaction. However, the section fails to define what constitutes “unconscionable abuse” which is the key to the application of that provision. This research thus seeks to discover what constitutes unconscionable abuse of the juristic personality. Simply put, this research aims to identify the circumstances under which the corporate veil may be pierced. The results from this extensive inquiry are that the term ‘unconscionable abuse’ is a legislative derivate from the various terms used by the courts at common law to justify the disregarding of the separate legal personality of the corporate entity. Therefore, the inescapable conclusion reached is that just as those terms used at common law are confounding, so shall this rather legislative innovation remain to be confounding until a specific meaning is assigned to it by the parliament.

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7

Tanaya, Velliana. "BENTUK KETERLIBATAN PEMEGANG SAHAM DALAM PERBUATAN MELAWAN HUKUM PERSEROAN TERBATAS YANG DAPAT MEMPERLUAS PERTANGGUNGJAWABANNYA." Law Review 17, no. 3 (May 4, 2018): 175. http://dx.doi.org/10.19166/lr.v17i3.834.

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<p><em>Limited Liability Company is the most popular form of business entity in Indonesia because law acknowledges the principle of limited liability of its shareholders, which gives advantages for entrepreneurs running a business. Article 3 Subsection 1 Law No. 40 Year 2007 concerning Limited Liability Company stated that company’s shareholders are not personally liable for agreements made on behalf of the Company and are not liable for the Company’s losses in excess of their prospective shareholding. However, in Article 3 Subsection 2 there are some waivers of the principle, one of the exceptions is if the relevant shareholders are involved in illegal actions committed by the Company. It is interesting because in fact, usually, shareholder do not get involved in company’s management. Through normative research with Statute and Conceptual Approach on Piercing the Corporate Veil, shareholders can be accountable for personal responsibility if shareholders in giving his/her voting rights in General Meeting of Shareholders neglect his/her duty of care, or if besides of being shareholders he/she also become Board of Directors and/or Board of Commissioners who runs the Company’s management, or if the shareholders give order or command to Board of Directors or Board of Commissioners or company’s employee to perform actions that causing the Company committed an unlawful act and harm others (tort). Personal liability can be requested if injured party filing a tort lawsuit and set the relevant shareholders as a defendant besides the Company.</em></p>

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8

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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9

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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10

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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11

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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12

Alanazi, Badar Mohammed Almeajel. "Piercing the corporate veil in various jurisdictions – Principled or unprincipled?" Corporate Board role duties and composition 16, no. 2 (2020): 47–53. http://dx.doi.org/10.22495/cbv16i2art4.

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The principle of limited liability of a company has been uniformly adopted by developed countries. In order to ensure a fair balance, the courts agree on occasion to ‘pierce’ or ‘lift’ the corporate veil, which involves imposing liability on the mother company for actions of its subsidiary or individual shareholders, directors, and other involved persons for actions of the company. In this regard, there have been several studies arguing the legal issues associated with the limited liability of a company and piercing the corporate veil such as Schall (2016) and Michoud (2019). This paper compares current veil-piercing practices in three jurisdictions: the UK, the US, and Australia in order to outline the advantages and limitations of the approaches taken by the courts in each country as well as to identify best practices in terms of veil piercing. For that purpose, an analytical approach to the examination of the relevant legal rules, principles, and court cases has been adopted in undertaking the present paper. The paper comes up with a number of specific suggestions and recommendations for improving the regulatory role in regard to the subject of piercing of the corporate veil.

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Frankland, Jane. "Numeric data integrity: piercing the corporate veil." Network Security 2009, no. 8 (August 2009): 11–14. http://dx.doi.org/10.1016/s1353-4858(09)70076-5.

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14

Jerrold, Laurance. "Punitive damages and piercing the corporate veil." American Journal of Orthodontics and Dentofacial Orthopedics 122, no. 1 (July 2002): 107–9. http://dx.doi.org/10.1067/mod.2002.124876.

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Słup, Paweł. "Piercing the Corporate Veil – A Common Pattern?" Comparative Law Review 24 (February 21, 2019): 287. http://dx.doi.org/10.12775/clr.2018.011.

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Reisman, Gregg, and Andrew L. Zwerling. "Piercing the Corporate Veil: The Threshold Criteria." Journal of the American College of Radiology 5, no. 8 (August 2008): 932–34. http://dx.doi.org/10.1016/j.jacr.2008.05.007.

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Bergkamp, Lucas, and Wan-Q. Pak. "Piercing the Corporate Veil: Shareholder Liability for Corporate Torts." Maastricht Journal of European and Comparative Law 8, no. 2 (June 2001): 167–88. http://dx.doi.org/10.1177/1023263x0100800204.

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18

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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Li, Minghao. "Enlightenment of American Legal Theory and Practice of "Piercing the Corporate Veil" to China." Journal of Politics and Law 14, no. 4 (July 30, 2021): 80. http://dx.doi.org/10.5539/jpl.v14n4p80.

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Observing the current legal system and theory of America, "piercing the corporate veil" is in a state of "chaos" in both of them. How can China learn from the rule of law and the theory of "piercing the corporate veil"? How to avoid its harm and gain its benefits? Due to different national conditions and judicial systems, also differences between civil law system and common law system, and at the same time, the world is in the era of globalization, the exchange of legal culture of Chinese legal system is expanding and deepening day by day. Therefore, it is necessary to study the rule and theory of "piercing the corporate veil". This paper systematically summarizes the current situation of the rule and theory of "piercing the corporate veil" in America, explores the causes of the confusion, and puts forward some suggestions to prevent the occurrence of problems in China after transplanting this rule, which is very necessary and timely.

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Gu, Guang Shu. "Research of Legislation and Practice for Piercing the Corporate Veil under New Companies Act in China." Advanced Materials Research 488-489 (March 2012): 1243–47. http://dx.doi.org/10.4028/www.scientific.net/amr.488-489.1243.

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Pierce the corporate veil rules together with the company's independent personality constitutes a complete, rigorous corporate system. Pierce the corporate veil rules as part of a corporate system, and improve its position in the supplement, which is the balance between corporate interests of shareholders and creditors of the company's results. Pierce the corporate veil rules apply to particular legal relationship, it is by denying the company's independent personality behind the company investigated for abuse of corporate personality and limited liability of shareholders independent of the liability of shareholders. Make up the deficiencies inherent in the corporate system to protect the legitimate interests of creditors of the company. Pierce the corporate veil in order to achieve the value of the rules of fairness and justice, our country should be based on the theory from abroad. With China's judicial practice, judicial interpretation and give full play to the role of a typical case, a reasonable allocation of the burden of proof. Prudential rules applicable to pierce the corporate veil and do advance prevention. Try to avoid piercing the corporate veil applies the rules to further improve the new company law in China under the rule of piercing the corporate veil.

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Dewi, Sandra. "Application of the Principle of Piercing the Corporate Veil in Resolving Corporate Responsibility Cases in Indonesia." International Journal of Law and Public Policy 2, no. 2 (September 27, 2020): 65–71. http://dx.doi.org/10.36079/lamintang.ijlapp-0202.147.

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This research aims to explain the application of the Principle of Piercing The Corporate Veil in resolving corporate responsibility cases in Indonesia. The method used in this research is normative legal research, using a statutory approach. The results of the research explain that based on Article 3 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, it is stated that the shareholders of the company aren’t personally responsible for the agreements made on behalf of the company and aren’t responsible for the company's losses exceeding the shares they own. However, the doctrine in corporate law recognizes the existence of the Principle of Piercing the Corporate Veil which can break through the limited liability of the company's shareholders into unlimited liability up to their personal assets. Although the Principle of Piercing the Corporate Veil has been regulated in Law Number 40 of 2007 concerning Limited Liability Companies, there have been major cases in which the shareholders of the company were responsible up to their personal assets but only limited responsibility for the shares they owned. These major cases include the PT Lapindo Brantas case in 2006 and the PT Bank Century case in 2008.

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Honkasalo, P., and J. Tahvanainen. "Piercing the corporate veil under the Copyright Act." Journal of Intellectual Property Law & Practice 8, no. 9 (July 17, 2013): 683–84. http://dx.doi.org/10.1093/jiplp/jpt121.

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Harahap, Putri Sari, and Tumanggor Tumanggor. "Penerapan Asas Piercing The Corporate Veil: Perspektif Tanggung Jawab Direksi Perseroan Terbatas." Jurnal Nuansa Kenotariatan 1, no. 1 (April 18, 2018): 45. http://dx.doi.org/10.31479/jnk.v1i1.65.

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<p>Piercing The Corporate Veil principle is a common law doctrine that teaches about the veil special breakout company (corporate veil) covering the Board of Directors and other organs in running the company does not fit or have violated the principle of fiduciary duty (good faith) to the intent and purpose of the company.This type of research in this thesis is a normative legal research means tend to use secondary data in the form of primary legal materials, secondary law and tertiary legal materials. To collect the data in this research is a stud y done by the descriptive analysis. The resulted in losses for both the company and third parties, First Defendant's actions can be categorized as a tort (onrechtmatige daad) under Article 1365 of the Civil Code. In the verdict the judge in his ruling has been applying the principle of piercing the corporate veil but does not necessarily resolve the matter of debts between the Compa- ny (Plaintiff) with rights holders of promissory notes "mayofield notes" or the Board of Directors (Defendant 1) with the holders of promissory notes " mayofield note.</p><p>Keywords: Piercing the corporate veil, directors fiduciary duty</p>

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24

Grier, Nicholas. "Piercing the Corporate Veil: Prest v Petrodel Resources Ltd." Edinburgh Law Review 18, no. 2 (May 2014): 275–79. http://dx.doi.org/10.3366/elr.2014.0212.

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Lemmens, Trudo. "Piercing the Veil of Corporate Secrecy about Clinical Trials." Hastings Center Report 34, no. 5 (September 2004): 14. http://dx.doi.org/10.2307/3527585.

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Tweedale, Geoffrey, and Laurie Flynn. "Piercing the Corporate Veil: Cape Industries and Multinational Corporate Liability for a Toxic Hazard, 1950–2004." Enterprise & Society 8, no. 2 (June 2007): 268–96. http://dx.doi.org/10.1017/s1467222700005863.

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The ‘corporate veil’ refers to the separation of legal identity between parent firms and their subsidiaries, which gives the parent protection against the liabilities of its subsidiaries. Fearing that such liability protection would facilitate illicit activity, early twentieth century courts, especially in America, would sometimes ‘pierce’ the corporate veil. This article explores Adams v. Cape (1990), in which American plaintiffs attempted to persuade the English courts to lift the corporate veil and impose liability for industrial disease on Cape Industries, a leading U.K. asbestos manufacturer. This landmark case shows how corporate strategy can be closely intertwined with international corporate law and occupational health and safety issues. It also highlights how limited liability law and separate legal personality can result in significant injustice to claimants against multinational enterprises.

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Mikalonienė, Lina. "Subsidiari akcininko atsakomybė." Teisė 76 (January 1, 2010): 176–89. http://dx.doi.org/10.15388/teise.2010.0.217.

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Šiame straipsnyje nagrinėjamas akcininko atsakomybės už bendrovės prievoles dėl nesąžiningo elgesio koncepcinis pagrindimas, kuris remiasi piktnaudžiavimo teise doktrina. Analizuojamas akcininko atsakomybės pagal piktnaudžiavimo teise doktrinos ir akcininko deliktinės civilinės atsakomybės bendrųjų normų pagrindu santykis. Straipsnyje taip pat nagrinėjamas akcininko papildomos turtinės prievolės koncepcinis pagrindimas pagal Lietuvos Respublikos civilinio kodekso 2.50 straipsnio 3 dalį. This article explores dogmatic underpinning of piercing the corporate veil doctrine on the basis of theory on abuse of rights. The article also analysis relation between abuse of rights and tort, e.g. as basis for the shareholder’s liability in the veil piecing cases and as an independent legal ground for shareholder’s liability respectively. Theoretical foundation of the corporate veil piercing doctrine according to par. 3 Art. 2.50 of the Lithuanian Civil Code is under consideration.

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Siraganian, Lisa. "Dreiser’s Anti-Corporate Tools: Veil-Piercing and the Novel of Corporate Agency." American Literary History 30, no. 2 (2018): 249–77. http://dx.doi.org/10.1093/alh/ajy008.

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Alcock, Alistair. "PIERCING THE VEIL – A DODO OF A DOCTRINE?" Denning Law Journal 25, no. 1 (October 11, 2013): 241–54. http://dx.doi.org/10.5750/dlj.v25i1.785.

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In the course of the 2012/13 legal year, the Supreme Court has had to consider the doctrine of piercing the corporate veil twice, in VTB Capital plc v Nutritek International Corpn (VTB), and more recently in Prest v Petrodel Resources Ltd (Prest). On both occasions, the Court was in effect asked to remove the whole doctrine from English Law, but narrowly failed to do so, begging the question, does the doctrine really serve any purpose now? Let me start with Prest.

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Lo, Stefan HC. "Piercing of the corporate veil for evasion of tort obligations." Common Law World Review 46, no. 1 (March 2017): 42–60. http://dx.doi.org/10.1177/1473779516682195.

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Rządkowski, Michał. "„Piercing the Corporate Veil Doctrine in Poland?” A Comparative Perspective." Comparative Law Review 20 (October 13, 2016): 55. http://dx.doi.org/10.12775/clr.2015.011.

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Yu, Kimberly Bin, and Richard Krever. "The High Frequency of Piercing the Corporate Veil in China." Asia Pacific Law Review 23, no. 2 (January 2015): 63–87. http://dx.doi.org/10.1080/10192557.2015.11745936.

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Griffin, Stephen. "Disturbing corporate personality to remedy a fraudulent incorporation: an analysis of the piercing principle." Northern Ireland Legal Quarterly 66, no. 4 (August 17, 2018): 321–241. http://dx.doi.org/10.53386/nilq.v66i4.157.

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Following two recent decisions of the Supreme Court it has been confirmed that the ability to disturb corporate personality by piercing the corporate veil is as an established principle but one that should be used only as a tool of last resort. In ractice the deployment of this ‘piercing principle’ will be a rarity to the point of near extinction. This paper will contend, however, that the Supreme Court’s endorsement of a limited piercing principle does not address fully the commercial necessity of disturbing the corporate personality of companies incorporated to pursue a fraudulent activity; further, that this lacuna could have been averted had the Supreme Court identified a related but broader ‘piercing concept’ which is establishedimpliedly in the case law.

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Waqas, Muhammad, and Zahoor Rehman. "Separate Legal Entity of Corporation: The Corporate Veil." International Journal of Social Sciences and Management 3, no. 1 (January 21, 2016): 1–4. http://dx.doi.org/10.3126/ijssm.v3i1.13436.

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The concept of separate legal entity is 500 years old and it means that the corporation is separate in all spheres of its activities. It is separate from its owner, from its employees and due to this separation between the corporation and an individual the shareholders’ liability is also limited. A corporation is established through four different ways i.e. continuity, self-governance, identification persona, and specification of assets. The personhood of a corporation is evolved with the passage of time through different court judgments in which Salomon case plays the role of corner stone. The corporation can own, sell and buy property in its name. The corporation can sue and be sued in the court of law as a legal person. Int. J. Soc. Sci. Manage. Vol-3, issue-1: 1-4

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Myshyakov, Sergey V. "The Use of Piercing Corporate Veil Doctrine in the Russian Civil Law." Civil law 6 (December 17, 2020): 28–31. http://dx.doi.org/10.18572/2070-2140-2020-6-28-31.

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The article analyzes the problems of application of the doctrine of “Piercing the corporate veil” in the Russian civil law. The article deals with the emergence and formation of the principle of limited liability and its relationship with this doctrine, analyzes the legal institutions that lead to the removal of the “corporate shield”.

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Neyers, Jason W. "Canadian Corporate Law, Veil-Piercing, and the Private Law Model Corporation." University of Toronto Law Journal 50, no. 2 (2000): 173. http://dx.doi.org/10.2307/825991.

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이창재. "Piercing the Corporate Veil by Enterprise Liability Theory in Maritime Attachment." SungKyunKwan Law Review 27, no. 2 (June 2015): 237–63. http://dx.doi.org/10.17008/skklr.2015.27.2.009.

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Wu, Mark. "Piercing China's Corporate Veil: Open Questions from the New Company Law." Yale Law Journal 117, no. 2 (November 1, 2007): 329. http://dx.doi.org/10.2307/20455793.

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Murphy, Deborah L., and J. Edward Murphy. "Protecting the Limited Liability Feature of Your Family Business: Evidence from the U.S. Court System." Family Business Review 14, no. 4 (December 2001): 325–34. http://dx.doi.org/10.1111/j.1741-6248.2001.00325.x.

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One of the benefits cited for the organizational structure of a corporation or limited liability company is the limited liability feature associated with these forms of organization. However, our legal system contains a judicial doctrine known as piercing the corporate veil, which essentially asks the courts to disregard the limited liability feature of the organization and impose personal liability on the shareholders, officers, andqor directors. This study provides evidence regarding the extent to which the U.S. courts have ruled to pierce the corporate veil and suggests steps that family-owned businesses can take to minimize this potential risk.

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Yilmaz Vastardis, Anil, and Rachel Chambers. "OVERCOMING THE CORPORATE VEIL CHALLENGE: COULD INVESTMENT LAW INSPIRE THE PROPOSED BUSINESS AND HUMAN RIGHTS TREATY?" International and Comparative Law Quarterly 67, no. 2 (December 20, 2017): 389–423. http://dx.doi.org/10.1017/s0020589317000471.

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AbstractThis article proposes a model of treaty-based veil piercing for civil liability claims by victims of human rights harm inflicted by businesses. The primary inspiration for this model comes from investment treaty provisions dealing with corporate investors. Our examination of investment law for this purpose exposes the double standard in the treatment of the corporate veil between these two remedy regimes, and offers a way to address this. The test we propose for lifting the veil in order to allow victims to claim against the parent company in a corporate group is one of ‘legal control’. It aims to capture cases where the parent did not necessarily take an active role in the subsidiary's business, but it is still treated as being in control of the subsidiary by virtue of its direct or indirect ownership or ability to appoint management.

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Dąbroś, Mateusz. "Odpowiedzialność przebijająca w ramach private enforcement." internetowy Kwartalnik Antymonopolowy i Regulacyjny 9, no. 3 (2020): 21–32. http://dx.doi.org/10.7172/2299-5749.ikar.3.9.2.

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In the context of private enforcement of competition law, the issue of piercing the corporate veil, that is, the possibility of holding a non-direct infringer liable becomes particularly important. Pursuant to the thesis of the CJEU ‘Skanska’ judgment, civil courts adjudicating in cases of damages for infringements of competition law should understand the concept of ‘undertaking’ in accordance with Article 101 TFEU and its established interpretation by the Court, which may mean also adopting, under private law, the doctrine of economic succession (economic continuity) and the concept of a single economic unit. Individual member states, such as Spain and Portugal, have already adopted relevant legal regulations regarding the issue in question. In other countries, this matter has become the subject of judicial considerations. In Poland, neither of these two situations occurs. One should opt for the broad adoption of the concept of piercing the corporate veil in the context of liability for damages arising from an infringement of competition law – with both EU and national dimension.

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Clark, Gordon L. "Piercing the Corporate Veil: The Closure of Wisconsin Steel in South Chicago." Regional Studies 24, no. 5 (October 1990): 405–20. http://dx.doi.org/10.1080/00343409012331346094.

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Al-Tawil, Tareq Na’el. "Piercing the corporate veil: when LLCs and corporations may be at risk." International Journal of Law and Management 61, no. 2 (April 4, 2019): 328–44. http://dx.doi.org/10.1108/ijlma-07-2018-0140.

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Purpose The purpose of this paper is to examine the available judicial precedence using both the United Arab Emirates and UK laws to bring up a much broader understanding of wrongful and fraudulent trading concepts and provide a critical analysis of potential personal liabilities of directors in the UK and UAE jurisdictions for the acts of fraud and mismanagement. Design/methodology/approach This paper seeks to understand corporate fraud from the aspect of trading. It will take an in-depth look into wrongful trading and fraudulent trading in the UAE and UK jurisdictions while analyzing the punishment for the same. The study will also look at famous cases for the same while seeking to understand the mitigation measures undertaken in various nations across the world. Findings The author studies the contents and provisions of the UK Insolvency Act 1986, truly the concepts of wrongful trading and fraudulent trading are not explicitly mentioned in the UAE Law, but the said terms associated with “lifting of corporate veil” are notionally existent under the UAE Federal Law No2/2015, otherwise known as Companies Law (Articles 84 and 162-1), and under the UAE Bankruptcy Law (Federal Decree Law No. 9 of 2016), which provides legislation governing trading while the company is insolvent. Originality/value In the current paper, the author is keen to examine the available judicial precedence to bring up a much broader understanding of the mentioned concepts and provide a critical analysis of potential personal liabilities of directors in the UK and UAE jurisdictions for the acts of fraud and mismanagement.

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kim, sang man. "A Study on the Piercing the Corporate Veil (or lifting the corporate veil) in the Flag of Convenience by a SPC." Journal of hongik law review 17, no. 4 (December 2016): 597–622. http://dx.doi.org/10.16960/jhlr.17.4.201612.597.

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Tweedale, G., and L. Flynn. "Piercing the Corporate Veil: Cape Industries and Multinational Corporate Liability for a Toxic Hazard, 1950-2004." Enterprise and Society 8, no. 2 (May 25, 2007): 268–96. http://dx.doi.org/10.1093/es/khm023.

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Rangan, Subramanian, Robert Z. Lawrence, and Richard N. Cooper. "The Responses of U.S. Firms to Exchange Rate Fluctuations: Piercing the Corporate Veil." Brookings Papers on Economic Activity 1993, no. 2 (1993): 341. http://dx.doi.org/10.2307/2534569.

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Rissy, Yafet Yosafet W. "DOKTRIN PIERCING THE CORPORATE VEIL: KETENTUAN DAN PENERAPANNYA DI INGGRIS, AUSTRALIA DAN INDONESIA." Refleksi Hukum: Jurnal Ilmu Hukum 4, no. 1 (October 31, 2019): 1–20. http://dx.doi.org/10.24246/jrh.2019.v4.i1.p1-20.

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This article discusses about provisions and application of the Piercing The Corporate Veil (PVC) doctrine in the United Kingdom, Australia and Indonesia. The main issue is when and how the courts apply the PVC doctrine, also whether the doctrine can be applied outside the courts or not. In some states such as the United Kingdom and Australia which exercise common law tradition, the courts may apply the PVC doctrine on share holders and directors when there is an exceptional circumstance which requires to apply the doctrine. Similar to both states, Indonesia, through the Indonesian Supreme Court, has already applied the doctrine long before the law on Limited Liability Company was enacted. In 1998, a unique legal case about the Liquidity Aid of Bank Indonesia shows a phenomenon that was beyond the normal understanding of the Law. In that time, the Indonesian Bank Restructuring Agency applied an out-of-court settlement model to hold shareholders' liability. Finally, this article recommends that a legal and economic study should be considered to examine the effectiveness of this approach.

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Murray, Odette. "Piercing the Corporate Veil: The Responsibility of Member states of an International Organization." International Organizations Law Review 8, no. 2 (2011): 291–347. http://dx.doi.org/10.1163/157237411x633881.

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AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.

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Sulistyawati, Titik Tri. "EKSISTENSI DOKTRIN “PIERCING THE CORPORATE VEIL” ATAS PELAKSANAAN SENTRALISASI PROCUREMENT ANAK PERUSAHAAN OLEH INDUK PERUSAHAAN." Notaire 1, no. 1 (July 25, 2018): 174. http://dx.doi.org/10.20473/ntr.v1i1.9104.

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Penelitian ini bertujuan untuk menganalisa asas hukum yang mengatur tentang prinsip “Piercing The Corporate Veil” berdasarkan Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas berkaitan dengan tanggung jawab Induk Perusahaan sebagai pemegang saham atas pelaksanaan sentralisasi kebijakan procurement dari Anak Perusahaan. Penelitian hukum ini merupakan penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conseptual approach). Teknik pengumpulan bahan hukum yang berkaitan dengan penulisan hukum ini adalah dengan metode telaah kepustakaan (study document) dengan sistem kartu (card system) dan didukung pula dengan penggunaan metode bola salju (snow ball) selanjutnya dianalisis dengan menggunakan metode interpretasi atau penafsiran, yaitu interpretasi sistematis dan interpretasi gramatikal. Hukum Perseroan memperlakukan Anak Perusahaan sebagai suatu entitas hukum yang terpisah dari Induk Perusahaan. Sebagai badan hukum mandiri, pengurusan hak dan kewajiban terletak pada kewenangan masing-masing organ perseroan. Pemisahan kewenangan itu berujung pada prinsip tanggung jawab terbatas Induk Perusahaan sebagai pemegang saham dari Anak Perusahaan dan menjadi tidak terbatas bagi pemegang saham apabila terdapat penerobosan prinsip “Piercing The Corporate Veil”, salah satunya akibat “breach of duty” dari Induk Perusahaan. Namuncampur tangan Induk Perusahaan terhadap pengusahaan bisnis dan managemen Anak Perusahaan hendaknya dilakukan dengan menghormati prinsip kemandirian Anak Perusahaan dalam rangka pembatasan tanggung jawab diantara keduanya.

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kojaejong. "A Study on the formation elements of the Piercing of the Corporate Veil in Chinese Corporate law." HUFS Law Review 34, no. 3 (August 2010): 145–61. http://dx.doi.org/10.17257/hufslr.2010.34.3.145.

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