The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries
Title | The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries PDF eBook |
Author | Andrew Muscat |
Publisher | Routledge |
Pages | 540 |
Release | 2016-12-05 |
Genre | Law |
ISBN | 1351886819 |
This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.
Liability of a Holding Company for the Debts of Its Insolvent Subsidiary
Title | Liability of a Holding Company for the Debts of Its Insolvent Subsidiary PDF eBook |
Author | Johanna Barbara Cilliers |
Publisher | |
Pages | 418 |
Release | 2002 |
Genre | Holding companies |
ISBN |
Liability of Holding Companies for the Debts of Their Subsidiaries - Recent Developments
Title | Liability of Holding Companies for the Debts of Their Subsidiaries - Recent Developments PDF eBook |
Author | Andrew Hicks |
Publisher | |
Pages | |
Release | 1987 |
Genre | Corporate veil |
ISBN |
Liability of Corporate Groups and Networks
Title | Liability of Corporate Groups and Networks PDF eBook |
Author | Christian A. Witting |
Publisher | Cambridge University Press |
Pages | 501 |
Release | 2018-01-11 |
Genre | Business & Economics |
ISBN | 1107039924 |
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Groups of Companies
Title | Groups of Companies PDF eBook |
Author | Dimitris Konstandinou Avgitidis |
Publisher | |
Pages | |
Release | 1993 |
Genre | |
ISBN |
Liability of Corporate Groups:Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative Perspective
Title | Liability of Corporate Groups:Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative Perspective PDF eBook |
Author | José Engrácia Antunes |
Publisher | Springer |
Pages | 596 |
Release | 1994-05-11 |
Genre | Business & Economics |
ISBN |
Full Title: Liability of Corporate Groups: Autonomy and control in Parent-Subsidiary Relationships in US, German and EU Law, An International and Comparative Perspective. Corporation law dates from the 19th century when the growth of business enterprise required a division between the private and the company sphere, making the company a legal person with its own rights, responsibilities and liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees and the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. and elsewhere.
Groups of Companies
Title | Groups of Companies PDF eBook |
Author | Dimitris K. Avgitidis |
Publisher | |
Pages | 352 |
Release | 1996 |
Genre | Subsidiary corporations |
ISBN | 9789602324882 |