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Piercing The Legal Veil
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Book Synopsis Piercing the Corporate Veil by : Karen Vanderkerckhove
Download or read book Piercing the Corporate Veil written by Karen Vanderkerckhove and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This study clears up some of the mists hanging around the concept of corporate veil piercing. What exactly is corporate veil piercing and in which situations does it occur? What are the legal rules involved? Following a short overview of the applicable law in the six legal systems that are the subject of this study - those of Belgium, the Netherlands, France, Germany, the United Kingdom, and the United States - the author proceeds with a more profound analysis from a functional comparative perspective, starting from particular situations that typically call for shareholder liability for the debts of subsidiary companies." "Dr. Vandekerckhove's study is the most comprehensive, far-reaching, and up-to-date study of this important growing area of corporate law practice. As such it will prove of great value to practitioners, judges, and academics in the field, and will prove its worth anywhere in the world where the presence of multinational corporations is felt." --Book Jacket.
Book Synopsis Piercing the Corporate Veil in Latin American Jurisprudence by : Jose Maria Lezcano
Download or read book Piercing the Corporate Veil in Latin American Jurisprudence written by Jose Maria Lezcano and published by Routledge. This book was released on 2015-12-14 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method. The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region. Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions. This book will be of great interest to scholars of company and comparative law, and business studies in general.
Book Synopsis Piercing the Corporate Veil by : Michala Rudorfer
Download or read book Piercing the Corporate Veil written by Michala Rudorfer and published by GRIN Verlag. This book was released on 2009-07 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2006 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: A (1,0), New York University School of Law, language: English, abstract: Corporate law aims at protecting shareholders from being subject to personal liability for the risks of conducting business. The state created a corporate fiction which is a separate legal entity and distinctive from the shareholders and which offers the primary advantage of limited share-holder liability. The underlying notion is to encourage shareholders to provide capital and take on risky investments. In this way, the risk is shifted towards third parties and costs are external-ized. Overall, this investor attitude encourages economic development. Hence, limited liability can be seen as the "cornerstone of capitalism". However, as moral hazard comes into play, the externalization costs might exceed the benefits and, thus, damage third parties. In order to pro-mote justice, the presumption of limited liability must be occasionally rebutted and personal li-ability imposed on shareholders. This concept known as piercing the corporate veil will be elabo-rated on in detail in this paper. The doctrine is of crucial importance since it is the most litigated issue in corporate law. Regrettably, it is also among the most confusing areas of law. "'Pierc-ing' seems to happen freakishly. Like lightening, it is rare, severe, and unprincipled." The objective of this paper is to lift the confusion of the doctrine and answer the question whether piercing the corporate veil is a sound concept. Moreover, it will be analyzed whether it is the pre-vailing alternative in dealing with the moral hazard problem of limited liability. Therefore, Part I will start with an explanation of piercing and the historical development of the doctrine. Competing doctrines of piercing will be presented and form the basis for the subsequent analysis of the main requirements for piercing. To illustrate the applica
Book Synopsis Piercing the Veil of Secrecy by : Janine M. Brookner
Download or read book Piercing the Veil of Secrecy written by Janine M. Brookner and published by . This book was released on 2003 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piercing the Veil of Secrecy brings together and exposes, for the first time in one publication, the magnitude of adverse actions U.S. intelligence agencies take to control and thwart the legal process and the range of concrete remedies available to confront such tactics. Brookner begins the book with a description of actual CIA employee cases, followed by a discussion of unique problems litigants and lawyers face when suing intelligence agencies, including the misuse of secrecy and national security, intimidation, and the denial of access to relevant evidence and witnesses, notwithstanding a lawyer's and plaintiff's security clearances. Recently, the CIA has invoked the seldom-used state secrets privilege to impede discovery, prevail upon the courts to dismiss cases, and, in effect, grant itself immunity from suits. These problems, as well as sovereign immunity and the various statutes from which the CIA is exempted, are carefully examined. After dealing with what cannot be done, the book devotes itself to what can be done, including legal remedies, which maximize prospects for a favorable outcome. This discussion includes employment discrimination, torts, constitutional violations, employment-related civil conspiracies, and the innovative possibility of suing the government under civil RICO. The final chapter suggests administrative and procedural solutions to the serious inequities with which a litigant is confronted when bringing an action against U.S. intelligence. The book is intended for lawyers and plaintiffs suing or contemplating suing the U.S. government, particularly those agencies that handle classified information. The target audience includes judges, senators, and members of congress who need to be aware when deciding cases or making laws of just how unlevel and unfair the playing field actually is. Government attorneys, law students and professors, and national security, civil rights, and employment rights law groups are among the potential readership as well. "[Brookner] has created a practical resource that draws on her own experiences to help others navigate their way through a system that appears stacked against them... The book contains a good table of authorities for caselaw, statutes, and regulations... Anyone considering a career in U.S. intelligence would be well-advised to read this book; it is a chilling account of the rights that such employees give up, and what they are up against if things go wrong." -- Legal Information ALERT "[B]eneath the legal prose is a passionate indictment of an agency that, Brookner contends, shields its misdeeds with the cloak of national security." -- The Washington Post, March 10, 2004
Book Synopsis Liability of Corporate Groups and Networks by : Christian A. Witting
Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Book Synopsis Piercing the Veil by : Jacqueline Fullerton
Download or read book Piercing the Veil written by Jacqueline Fullerton and published by A P Lee & Company. This book was released on 2009-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tim is a snake. Be careful, Anne. This man will stop at nothing to get what he wants. In the tradition of Iris Johannsen, Jacqueline Fullerton weaves the supernatural and human greed into a tale of murder set against the backdrop of a sleepy little college town. Piercing the Veil has the unlikely crime-solving duo of court reporter, Anne Marshall, and her father’s ghost who is investigating Tim Sherman, a divorcing wealthy businessman suspected of hiding assets in an offshore account. In the process of trying to prove his deception, the duo may have set into motion events that result in the murder of a key witness in his divorce trial. Compelled by guilt to solve the murder, Anne Marshall and the dearly departed stumble into the killer’s path, putting Anne’s own life in jeopardy. You will fall in love with Anne Marshall and friends in this first of Jacqueline Fullertons murder mysteries
Book Synopsis Limited Liability by : Stephen M. Bainbridge
Download or read book Limited Liability written by Stephen M. Bainbridge and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.
Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler
Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Book Synopsis Piercing the Corporate Veil by : Michala Rudorfer
Download or read book Piercing the Corporate Veil written by Michala Rudorfer and published by GRIN Verlag. This book was released on 2009-07-27 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2006 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: A (1,0), New York University School of Law, language: English, abstract: Corporate law aims at protecting shareholders from being subject to personal liability for the risks of conducting business. The state created a corporate fiction which is a separate legal entity and distinctive from the shareholders and which offers the primary advantage of limited share-holder liability. The underlying notion is to encourage shareholders to provide capital and take on risky investments. In this way, the risk is shifted towards third parties and costs are external-ized. Overall, this investor attitude encourages economic development. Hence, limited liability can be seen as the “cornerstone of capitalism”. However, as moral hazard comes into play, the externalization costs might exceed the benefits and, thus, damage third parties. In order to pro-mote justice, the presumption of limited liability must be occasionally rebutted and personal li-ability imposed on shareholders. This concept known as piercing the corporate veil will be elabo-rated on in detail in this paper. The doctrine is of crucial importance since it is the most litigated issue in corporate law. Regrettably, it is also among the most confusing areas of law. “’Pierc-ing’ seems to happen freakishly. Like lightening, it is rare, severe, and unprincipled.” The objective of this paper is to lift the confusion of the doctrine and answer the question whether piercing the corporate veil is a sound concept. Moreover, it will be analyzed whether it is the pre-vailing alternative in dealing with the moral hazard problem of limited liability. Therefore, Part I will start with an explanation of piercing and the historical development of the doctrine. Competing doctrines of piercing will be presented and form the basis for the subsequent analysis of the main requirements for piercing. To illustrate the application of the doctrine, Part II will discuss four landmark cases. In Part III, the interplay of limited liability and veil-piercing will be as-sessed in different contexts of law. Afterwards, Part IV will elaborate the suitability of the con-cept compared to different alternatives. Finally, a conclusion will be drawn and the initial ques-tion will be answered. [...]
Book Synopsis Piercing the Corporate Veil - Should English Law Go Dutch? by : Magdalena Kucko
Download or read book Piercing the Corporate Veil - Should English Law Go Dutch? written by Magdalena Kucko and published by . This book was released on 2018 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: English law is known for its robust approach to the issue of veil piercing. As such, it does not allow creditors to hold shareholders liable for company debts. This means that in the absence of contractual guarantees, shareholders are generally able to escape liability for failure within their company. On the other hand, the Dutch legal system allows creditors to seek recourse against shareholders by way of circumventing the separate legal personality of corporations through the operation of tort. In the Netherlands, the so-called 'indirect veil piercing' according to which shareholders can be held liable on the basis of tort, is deeply embedded in the legal system. This paper analyses some recent major developments in English tort law and concludes that a shift towards a more flexible, tort-law based approach to corporate veil piercing would be a much welcomed development leading to greater creditor protection.
Book Synopsis Piercing the Corporate Veil in Latin American Jurisprudence by : Jose Maria Lezcano
Download or read book Piercing the Corporate Veil in Latin American Jurisprudence written by Jose Maria Lezcano and published by Routledge. This book was released on 2015-12-14 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method. The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region. Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions. This book will be of great interest to scholars of company and comparative law, and business studies in general.
Book Synopsis Piercing the Corporate Veil by : Roberto Miguel Rodriguez
Download or read book Piercing the Corporate Veil written by Roberto Miguel Rodriguez and published by . This book was released on 2023-10-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Piercing the Corporate Veil: A Comprehensive Guide for Attorneys" delves into the legal doctrine that allows litigants to hold shareholders personally liable for the actions of a corporation. Recognized as a fundamental tenet in corporate law, this principle ensures the proper balance between protecting individual shareholders from personal liability and preventing the misuse of the corporate structure for fraudulent purposes. The essay provides an in-depth exploration of the criteria courts employ to determine when it is appropriate to "pierce the veil," emphasizing factors such as undercapitalization, commingling of funds, and disregard for corporate formalities. Additionally, the essay discusses notable case precedents, jurisdictional variations, and offers tactical recommendations for attorneys both seeking to pierce, and defend against piercing, the corporate veil. Essential for both novice and seasoned corporate attorneys, this comprehensive guide seeks to elucidate a complex yet crucial area of corporate law, ensuring the equitable administration of justice in corporate litigations.
Book Synopsis A Concise Textbook on Legal Capital by : Bayless Manning
Download or read book A Concise Textbook on Legal Capital written by Bayless Manning and published by . This book was released on 1977 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Understanding Company Law by : Alastair Hudson
Download or read book Understanding Company Law written by Alastair Hudson and published by Taylor & Francis. This book was released on 2017-07-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Company Law is a lively introduction to the key principles of the Companies Act 2006 and modern company law. It takes a unique approach to the subject, which also encompasses the important and growing fields of securities regulation, corporate governance and corporate social responsibility. This book covers all of the key topics that a student reader will encounter in any company law course. The discussion presents the key principles simply, before guiding the reader through the more complex issues that are often the focus of examinations in this subject. It also offers pathways into further reading, while injecting enjoyment back into the topic. In Understanding Company Law, Professor Hudson provides a straightforward guide to the law, while providing context, detailed analyses of the leading cases, and no little humour. The second edition covers key recent changes and developments in company law, both case law and statutory, including: two recent Supreme Court decisions on piercing the corporate veil, VTB Capital plc v Nutritek International Corp and others and Prest v Petrodel Resources Limited & Others, and an analysis of the Conservative government’s Green Paper on Corporate Governance. Online support Visit the author’s website at www.alastairhudson.com to find podcasts of specially recorded lectures covering the basic principles and an audiobook version of this text.
Book Synopsis Piercing the Corporate Veil by : Stephen B. Presser
Download or read book Piercing the Corporate Veil written by Stephen B. Presser and published by Clark Boardman Callaghan. This book was released on 1991-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Still-Elusive Quest to Make Sense of Veil-Piercing by : David Millon
Download or read book The Still-Elusive Quest to Make Sense of Veil-Piercing written by David Millon and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is an invited comment on Peter Oh's article "Veil-Piercing" published in the Texas Law Review. I make two points. First, I suggest that Oh's exhaustive analysis of the factors cited by courts to justify veil-piercing, like Robert Thompson's before it, does not actually tell us much about what is going on in the cases. For reasons that I explain, the asserted rationales cannot determine the results. Instead, vaguely articulated and poorly understand notions of policy and fairness drive decision making in this area. The law will continue to be obscure and results unpredictable until courts develop a clearer sense of the appropriate limits of limited liability. Second, I comment on the relative frequency with which courts pierce the veil in contract cases in comparison to tort cases. Oh and other commentators find this puzzling because the opportunity for ex ante bargaining about risk should, in theory, obviate the need for piercing in contract cases except in cases of fraud. I suggest that a proper understanding of when veil-piercing is appropriate, based on the rationale for limited liability, may well justify piercing in a significant number of contract cases. At the same time, there may be good reasons for the relative infrequency of piercing in tort cases. The courts may be getting it right in many of the piercing cases, even if the factors they cite typically do not tell us what the real reasons are.
Book Synopsis The Lost 116 Pages: Reconstructing the Book of Mormon's Missing Stories by : Don Bradley
Download or read book The Lost 116 Pages: Reconstructing the Book of Mormon's Missing Stories written by Don Bradley and published by Greg Kofford Books, Incorporated. This book was released on 2019-11-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: On a summer day in 1828, Book of Mormon scribe and witness Martin Harris was emptying drawers, upending furniture, and ripping apart mattresses as he desperately looked for a stack of papers he had sworn to God to protect. Those pages containing the only copy of the first three months of the Joseph Smith's translation of the golden plates were forever lost, and the detailed stories they held forgotten over the ensuing years--until now. In this highly anticipated work, author Don Bradley presents over a decade of historical and scriptural research to not only tell the story of the lost pages but to reconstruct many of the detailed stories written on them. Questions explored and answered include: Was the lost manuscript actually 116 pages? How did Mormon's abridgment of this period differ from the accounts in Nephi's small plates? Where did the brass plates and Laban's sword come from? How did Lehi's family and their descendants live the Law of Moses without the temple and Aaronic priesthood? How did the Liahona operate? Why is Joseph of Egypt emphasized so much in the Book of Mormon? How were the first Nephites similar to the very last? What message did God write on the temple wall for Aminadi to translate? How did the Jaredite interpreters come into the hands of the Nephite kings? Why was King Benjamin so beloved by his people? Despite the likely demise of those pages to the sands of time, the answers to these questions and many more are now available for the first time in nearly two centuries in The Lost 116 Pages: Reconstructing the Book of Mormon's Missing Stories.
