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Статті в журналах з теми "Separate legal personality":
1
Shashkova, Anna. "EMERGENCE AND EVOLUTION OF THE CONCEPT “SEPARATE LEGAL PERSONALITY”." Journal of Law and Administration, no. 1(42) (2017): 31–36. http://dx.doi.org/10.24833/2073-8420-2017-1-42-31-36.
2
Rybakova, S. V. "On separate aspects of financial legal objectivity in the conditions of digitalization of society and economy." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (November 7, 2020): 61–65. http://dx.doi.org/10.17803/2311-5998.2020.73.9.061-065.
Анотація:
This article is devoted to the consideration of the issues of transformation of financial legal personality in the context of the digitalization of society and the economy. The paper considers the concept and content of financial legal personality, features of the legal status of consumers of financial services, studies the problem of increasing financial literacy at the modern historical stage, analyzes the concept and principles of experimental legal regimes.
3
Ndzi, Ernestine. "The impact of the Salomon principle on directors’ remuneration in the UK." International Journal of Law and Management 59, no. 2 (March 13, 2017): 257–70. http://dx.doi.org/10.1108/ijlma-11-2015-0058.
Анотація:
Purpose This paper aims to examine the Salomon principle of separate legal personality and its impact on the regulation of directors’ remuneration in the UK. The aim of the paper is to explore the Salomon principle to determine whether it serves as a driving factor for directors’ remuneration levels. The paper will also examine the restrictive approach of the courts to move away from the principle and their reluctance to get involved in directors’ remuneration issues of a company. The paper explains the Salomon principle, describes the nature of the problem on directors’ remuneration and provides an analysis on how the Salomon principle impacts on the directors’ remuneration. Design/methodology/approach The paper reviews case law, statutory provisions and academic opinions on the directors’ remuneration and the concept of separate legal entity. The paper critically reviews the impact of the concept of separate entity on directors’ remuneration. Findings The paper finds that the courts are reluctant to come away from the concept of separate legal personality as well as reluctant to get involved with directors’ remuneration. This reluctance of the court makes the concept of separate legal personality to act as one of the drivers of directors’ remuneration. Originality/value The paper offers a different explanation into why directors’ remuneration continuous to be an issue in the UK. It points out that the concept of separate legal personality is a potential driver of directors’ remuneration in the UK.
4
Dondokov, Zhargal Darmaevich. "Civil legal personality of Local Self-government bodies." Юридические исследования, no. 6 (June 2022): 12–21. http://dx.doi.org/10.25136/2409-7136.2022.6.38292.
Анотація:
The article is aimed at revealing the problem of participation of local self–government bodies with the legal status of legal entities - institutions in civil legal relations, as well as at identifying ways to resolve it. At the practical level, the problem is expressed in the uncertainty in which cases local self-government bodies act in civil circulation on their own behalf, and in which cases on behalf of the entire municipality. Certain gaps in civil legislation today allow municipalities to create legal entities not only to establish the legal status of their bodies, but even to separate divisions of such a body. At the theoretical level, the problem is expressed in the choice of the optimal and most effective model of participation of the municipality through its bodies in civil legal relations and management of municipal property. Applying the formal legal method from the standpoint of a dialectical approach, the author examines the raised problem from the point of view of the applicability of the institution's design to local self-government bodies. As a result of his reflections, he comes to the conclusion that local self-government bodies are an integral part of a municipality, and therefore cannot be separated from it by putting on the mask of a legal entity. To do this, the author proposes to amend the civil legislation in terms of limiting the spheres of establishment of institutions to the social and cultural sphere, excluding the sphere of management from Article 123.22 of the Civil Code of the Russian Federation.
5
Podleś, Marcin. "Instytucja osobowości prawnej w okresie PRL jako narzędzie ograniczania autonomii jednostek przez państwo autorytarne." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 4 (December 31, 2021): 147–56. http://dx.doi.org/10.19195/2300-7249.43.4.12.
Анотація:
The purpose of this paper was to analyze how the regulation of legal personality by positive law affected the rights and freedoms of individuals in the period of the Polish People’s Republic. The possession of legal personality leads to the empowerment of an organization and facilitates it by pooling resources to achieve a certain goal. Having legal personality also gives an entity a certain autonomy vis-à-vis other entities, including its members and the state. The analysis has shown that in the period of the Polish People’s Republic, positive law was deliberately used to limit the possibility of creating entities with their own legal personality. The formal concept of a legal person was used instrumentally as a tool to impede the possibility of building an organization outside state control. It also led to a structurally incorrect and practically questionable recognition of the judicial capacity of entities that did not have legal personality. In addition, using the concept of an economic unit in the area of economy, a functional criterion was adopted to determine the participants of economic turnover, which also broke with the traditionally adopted in this respect approach based on legal personality. This led some of the representatives of civil law doctrine at that time to consider the institution of legal personality as useless, which testified to the fact that the legal environment and the applied mechanisms typical of an authoritarian state suppressed any autonomy and independence of interest underlying a separate legal personality.
6
Hager, Liesl. "The Insolvency Act’s deviation from the common law: Juristic ghost or aggregate approach?" South African Law Journal 138, no. 1 (2021): 152–70. http://dx.doi.org/10.47348/salj/v138/i1a7.
Анотація:
In this article I engage with the provisions of the Insolvency Act 24 of 1936 regulating the dissolution of the universal partnership upon insolvency. Our common law prefers an aggregate approach to partnerships, meaning that a partnership enjoys no separate legal personality distinct from its composing partners. The lack of separate legal personality of a partnership is described by some academics as a ‘remarkable defect’. The Insolvency Act however creates an exception to this general rule by deeming a partnership to be a separate legal entity. The Insolvency Act’s deviation from the common-law rule and creation of a ‘juristic ghost’ is explored in this article. The ‘dual priorities’ rule, the aggregate theory and the entity theory are explained in this article. Furthermore, the judicial debates about the Act’s deviation are discussed. In conclusion, it is suggested that the presumption that legislation does not intend to change existing law should not apply when dealing with the Insolvency Act, as the legislature has expressly deviated from the common-law aggregate approach.
7
Szabó, Eelco. "Gavi, the Vaccine Alliance." International Organizations Law Review 13, no. 1 (September 3, 2016): 149–70. http://dx.doi.org/10.1163/15723747-01301008.
Анотація:
This contribution puts a magnifying glass on the partner arrangements in Gavi, the Vaccine Alliance. Gavi has evolved from a loose partnership, bringing together the major stakeholders in immunization, to an organization in its own right with legal personality. The original partnership set-up remains a very important part of Gavi’s dna since it became an organization with separate legal personality. Together, Alliance partners aim to increase access to immunization in the poorest countries of the world. The manner in which this is achieved and the implications this may have on partner accountability or responsibility to third parties is described and analyzed.
8
Szereda, Kamil, and Jolanta Szymańska. "Independent public healthcare unit as an entrepreneur – considerations based on the Act on Medical Activity." Polish Journal of Public Health 125, no. 3 (September 1, 2015): 159–61. http://dx.doi.org/10.1515/pjph-2015-0045.
Анотація:
Abstract An entrepreneur is someone that engages in a business activity on their own behalf. An entrepreneur might be a natural person, legal person and an organizational unit without legal personality, to which the legal capacity is given by a separate act. Regarding the current legislation, Supreme Court rulings and opinions contained in publications, the authors discuss the legal aspects of entrepreneur’s running an autonomous public health care facility. Since the act on medical activity has become law, both the status of health care facilities and the case law concerning their status as enterprises changed.
9
Vereitin, S. V. "Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 49–57. http://dx.doi.org/10.32631/v.2021.3.04.
Анотація:
Scientific approaches to determining the employer’s labor legal personality within labor legal relations have been studied. The norms of the Labor Code of Ukraine and the drafts of the Labor Code of Ukraine in regard to labor legal personality of the corporate employer and the employer being an individual have been researched. It has been found out that the current Code of Labor Laws of Ukraine does not clearly define the moment of emergence of labor legal personality of the employer. Besides, labor law uses different terms to denote this aspect of the contract. It has been recommended to change all synonyms of the term of “employer” for the specified term in all acts of national legislation.
It has been stated that the employer can be any legal entity. The employer powers arise from the moment of state registration. Employer powers of legal entities are vested in officials (chiefs, directors, presidents, etc.) who are given the right to hire and fire employees. Separate divisions of legal entities may be employers, if the relevant legal entity delegates part of its authority to them in order to accept the dismissal of employees and the use of their labor.
It has been substantiated that we should rely on the full civil capacity of an individual while determining the employment status of the employer being an individual.
The author has offered to envisage the following norm in the Labor Code of Ukraine and in the future Labor Code of Ukraine: “An employer may be any individual who has reached the age of eighteen. An individual who has reached the age of sixteen and wishes to be engaged in entrepreneurial activity may be an employer with the written consent of the parents (adoptive parents), guardian or a guardianship authority. An individual has employment powers from the moment of state registration as an entrepreneur”.
10
Begishev, Ildar, Zarina Khisamova, and Vitaly Vasyukov. "Technological, Ethical, Environmental and Legal Aspects of Robotics." E3S Web of Conferences 244 (2021): 12028. http://dx.doi.org/10.1051/e3sconf/202124412028.
Анотація:
Robotics is considered by modern researchers from various positions. The most common technical approach to the study of this concept, which examines the current state and achievements in the field of robotics, as well as the prospects for its development. Also, quite often in recent years, legal experts have begun to address problems related to the development of robotics, focusing on issues related to the legal personality of robots and artificial intelligence, as well as the responsibility of AI for causing harm. A separate direction in the field of robotics research is the analysis of this concept and the relations associated with it, from the standpoint of morality, ethics and technologies.
Дисертації з теми "Separate legal personality":
1
Sparis, Lauren Cheryl. "Can directors be held personally liable to shareholders in the context of South African law." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73595.
Анотація:
Considering the recent corporate scandals over the past couple years – VBS Mutual Bank, McKinsey & Trillian, Steinhoff, EOH and possibly Tongaat Hulett to name but a few – many shareholders may seek to hold the directors and management of such entities personally liable for their involvement or negligence. Especially where their actions were tantamount to fraud, they benefited in some way and or as a result the company, and possibly the shareholders, suffered damages. This is especially true when a company as consequence is liquidated and cannot institute action on its behalf.
It is submitted that directors are rarely held personally liable for failing to fulfill their duties, let alone liable to the shareholders. The risk of failing to monitor internal controls or business risks, and to hold those acting on behalf of the company responsible and accountable for their actions, is dangerous due to the significant effect that such failure could have on the economy, for example the economic collapse with respect to the recent Steinhoff debacle.
Whereas the earlier Companies Act 61 of 1973 did not necessarily ‘spell out’ directors’ duties in detail, the Companies 71 of 2008 comprehensibly records their statutory and common law duties. To this extent the board is held accountable and can ensure proper governance in the company’s internal affairs.
Shareholders expect management to maximise the value of a company for the benefit of the shareholders and to act in their best interest. In achieving this, directors are required to act in the best interests of the company. However, directors may use their elevated position for their own personal gain and self-interests. Thus, in which circumstances will courts pierce the corporate veil, stepping aside from a company’s unique legal personality, to impute liability to the wrongdoers lurking behind?
The relationship between directors, a company and its shareholders is a fiduciary one which imposes certain duties upon directors. However, it is well established in law that directors’ duties are owed to the company itself.
Thus, considering common and statutory law, on what legal basis would shareholders be able to bring a claim against directors for the loss or damage they suffered due to an act of the directors? Considering the above, this paper seeks to explore directors’ liability to shareholders within South Africa’s common and statutory law, bearing in mind entrenched legal principles, such as the argument that fiduciary duties are duties owed to the company and not to individual shareholders; and that as a result only the company can impose liability on its directors.Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2019.
Mercantile Law
LLM (Corporate Law)
Unrestricted
Книги з теми "Separate legal personality":
1
Lazarev, V. Law-making in the XXI century: the evolution of doctrine and practice (to the 90th anniversary of the birth of A.S.Pigolkin). ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1861953.
Анотація:
The collection was prepared based on the materials of the All-Russian Annual Meeting of Legal Theorists dedicated to the 90th anniversary of the birth of the outstanding Russian legal scholar Albert Semenovich Pigolkin. The authors study the scientific heritage of A.S. Pigolkin, many of whose works are devoted to the issues of law-making and remain relevant, and also consider the problems of law-making, which is currently acquiring new features.
The first section presents the memories of colleagues and students about the personality of the scientist, the role of his developments for modern legal science and practice is outlined. The importance of methodological foundations for measuring the effectiveness of certain types of law enforcement activities, the doctrine of the division of the law-making process into stages, approaches to systematization and codification of legislation, interpretation of legal norms is emphasized.
In other sections, separate facets of this heritage are considered, including in the light of modern challenges, the general philosophical, socio-political and legal vision of the Russian legal system, as well as the development of digitalization processes. Inspired by the scientific ideas of Albert Semenovich, the authors explore contractual and judicial rulemaking, legal techniques and experimental legal regimes, pay attention to new trends in the use of the language of law, pose questions and give answers to many other problems of legal regulation.
The publication is aimed at the transfer of unique scientific experience, the development of the methodology of legal research, the formation of scientific approaches to improving the process
of preparation and adoption of regulatory legal acts, increasing the effectiveness of their action.
For legal scholars and practitioners, teachers, students and postgraduates
of law universities and faculties, experts in the field of law-making.
2
Postnikov, A. The legal status of a person and a citizen in a changing world. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1911600.
Анотація:
The monograph solves two interrelated tasks: the theoretical definition of the modern content of the constitutional and legal status of the individual in our country in the context of the development of constitutional legislation, international law and the experience of legal regulation in foreign countries; the establishment of the most significant trends in the development of the legal status of the individual, causing changes in constitutional doctrine, legislation and law enforcement practice.
The role of constitutional legislation in the realization of constitutional rights and freedoms of citizens is analyzed. Particular attention is paid to the problem of the existence of "parallel" regulation and personality at the level of the Constitution and current legislation. The issues of the influence of regional legislation on the development of the constitutional and legal status of the individual are considered separately. It is shown that different regulatory approaches are applied in this regard in different subjects of the Federation. Taking into account the fact that the legal status of an individual, along with rights and freedoms, is also formed by the duties of an individual, the essence and directions of the development of institutions of duties and responsibility are revealed.
For readers interested in modern problems of constitutionalism, human rights and their protection.
3
Doek, J. E. Article 8: The right to preservation of identity ; Article 9 : the right not to be separated from his or her parents. Leiden: Martinus Nijhoff, 2006.
4
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.
Анотація:
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.
5
French, Derek. 5. Corporate personality. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0005.
Анотація:
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.
6
Kjeldgaard-Pedersen, Astrid. The Legal Personality of Individuals in International Economic Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820376.003.0008.
Анотація:
Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms pertaining to ‘State contracts’. Section 8.2 then studies the field of international investment law, which (unlike, for instance, international trade law) is characterized by a considerable degree of involvement of the individual investor. Section 8.3 goes on to discuss some pertinent aspects of EU law in relation to the international legal personality of individuals. EU law is not commonly regarded as a part of international (economic) law, but rather as ‘a new legal order’ of its own. EU law is nevertheless included here as the point is to challenge the popular conception of EU law as separate from the international legal system, and to illustrate that this notion rests, at least in part, on the orthodox ‘States-only’ conception of international legal personality.
7
Moore, Imogen. 2. Companies and Corporate Personality. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.003.0002.
Анотація:
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.
8
Paolo, Palchetti. 1 Legal Status (Personality), 1.3 Maclaine Watson & Co. Ltd v International Tin Council , 26 October 1989, United Kingdom House of Lords, 81 ILR 670. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0005.
Анотація:
This judgment constitutes one of the most authoritative precedents on the question concerning responsibility of members for acts of the organization. The House of Lords denied the existence of a rule of general international law according to which, in the absence of an express provision in the constitutive treaty excluding the responsibility of the members, they are responsible, jointly and severally, for the breach by the organization of its obligations to third parties. According to the House of Lords, the separate legal personality of an international organization precludes that the members can be held responsible, due to their membership, for the conduct of the organization. The judgment also addresses the question of whether the effects stemming from the possession of a separate legal personality have to be determined by reference to international law or by reference to the domestic law of the forum state.
9
Wilkinson, Mike. Limits of Separate Legal Personality: When Those Running a Company Can Be Held Personally Liable for Losses Caused to Third Parties Outside of the Company. Law Brief Publishing, 2022.
10
Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 2 The United Nations: What it is, 9 Powers. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0009.
Анотація:
This chapter examines the powers or competences of the United Nations as a separate legal entity. Its possession of legal personality, its specialized agencies, and some of the separate legal entities in the UN family are concepts that are related but distinct from the powers of these bodies. The possession of international legal personality means that these bodies have their own rights and duties, and powers vested in them in their own right. However, the possession of legal personality does not define the particular powers of the organization, nor does it mean that they have plenary competence under international law or in municipal legal systems. The chapter discusses the relationship to legal personality; nature and scope; purposes and principles of the organization; division of competence between principal organs and subsidiary organs; domestic jurisdiction limitation of Article 2(7); substantive content of powers internationally and in domestic law; consequences of ultra vires acts.
Частини книг з теми "Separate legal personality":
1
Pihera, Vlastimil. "Soukromý úřad. Skica." In Pocta prof. Josefu Bejčkovi k 70. narozeninám, 695–706. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0094-2022-32.
Анотація:
The paper deals with the unusual notion of “private office”, i.e. the institution of office in private law, primarily taking into account its concept in German private law, as elaborated mainly in Florian Jakoby’s habilitation thesis Das private Amt published in 2007. It deals with its definition as a specific organisational entity to which rights and obligations can be assigned even in private law, despite the fact that it has no legal personality. Particular attention is paid to the relationship between private office and separate patrimony and its role in corporate law. The author concludes that, particularly in these areas, the concept of private office can help to better structure our thinking about the function and nature of legal relationships.
2
Dignam, Alan. "Separate Legal Personality." In Hicks & Goo’s Cases and Materials on Company Law, 95–156. Oxford University Press, 2011. http://dx.doi.org/10.1093/he/9780199564293.003.0003.
3
"Companies’ Separate Legal Personality." In Shareholder Actions. Bloomsbury Professional, 2022. http://dx.doi.org/10.5040/9781526519986.chapter-001.
4
French, Derek. "5. Corporate personality." In Mayson, French & Ryan on Company Law, 102–46. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198841517.003.0005.
Анотація:
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.
5
French, Derek. "5. Corporate personality." In Mayson, French & Ryan on Company Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797234.003.0005.
Анотація:
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.
6
French, Derek. "5. Corporate personality." In Mayson, French & Ryan on Company Law, 98–142. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870029.003.0005.
Анотація:
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.
7
Micheler, Eva. "Corporate Personality." In Company Law, 37–47. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858874.003.0002.
Анотація:
This chapter discusses how separate legal personality can be explained as a solution developed by company law to address the problem that organizations are social rather than brute facts. For a company to come into existence, certain documents need to be registered. These contain information that facilitates the interaction between the company and third parties. Registration as a company then gives an organization a public legal manifestation. The Companies Act does not limit the corporate form to organizational action. The corporate form can therefore be used for other purposes and organizational boundaries do not align with legal personality. But this does not undermine the observation that company law is designed for the operation of organizations.
8
Worthington, Sarah, and Sinéad Agnew. "2. Corporate Personality and Limited Liability." In Sealy & Worthington's Text, Cases, and Materials in Company Law, 34–86. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198830092.003.0002.
Анотація:
This chapter discusses: the company as a separate legal person; the limited liability of members; the meaning and the processes of ‘piercing the corporate veil’; statutory piercing of the corporate veil; limits to the idea of a company as a ‘person’ and particular illustrations of a company’s separate personality.
9
Hannigan, Brenda. "3. Corporate personality." In Company Law, 35–56. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198848493.003.0003.
Анотація:
This chapter discusses the concept of corporate legal personality. This fundamental principle of company law—that the company on incorporation becomes a separate legal entity in its own right—was established by the House of Lords in Salomon v Salomon & Co Ltd. The Salomon principle and its consequences for individual companies and for groups of companies are considered. In limited circumstances, the court may disregard or pierce or lift the corporate veil and the narrow jurisdiction to do so is explained. The chapter also considers corporate groups in the light of Salomon, particularly with regard to the liability of parent companies for the actions of subsidiary companies.
10
Moore, Imogen. "2. Companies and Corporate Personality." In Concentrate Questions and Answers Company Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198819882.003.0002.
Анотація:
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.