Justifications for piercing the corporate veil

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dc.contributor.advisorRycroft, Alanen_ZA
dc.contributor.authorKakubo, Mwanchela Men_ZA
dc.date.accessioned2015-07-14T09:00:19Z
dc.date.available2015-07-14T09:00:19Z
dc.date.issued2011en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractAccording to the decision in Salomon a company is recognised as a legal entity separate and distinct from its shareholders. Although this fundamental rule has had a considerable influence in company law worldwide, it cannot be absolute and, as such, must allow for exceptions where the courts may disregard the separate legal personality of the company. The general rule is that a court will pierce the corporate veil “only where special circumstances exist indicating that it is a mere façade concealing the true facts, so that the separate existence of the company is in some sense being abused or, at least, is not being maintained in the full sense, with the result that separates between the company and its members does not in fact exist. However the courts uniformly exercise significant discretion, and fail to offer a clear standard for veil piercing.”4 Besides company law, this research paper also considers other areas of law where this principle has been applied. These include labour law, criminal (corporate liability) and maritime law.en_ZA
dc.identifier.apacitationKakubo, M. M. (2011). <i>Justifications for piercing the corporate veil</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/13510en_ZA
dc.identifier.chicagocitationKakubo, Mwanchela M. <i>"Justifications for piercing the corporate veil."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2011. http://hdl.handle.net/11427/13510en_ZA
dc.identifier.citationKakubo, M. 2011. Justifications for piercing the corporate veil. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Kakubo, Mwanchela M AB - According to the decision in Salomon a company is recognised as a legal entity separate and distinct from its shareholders. Although this fundamental rule has had a considerable influence in company law worldwide, it cannot be absolute and, as such, must allow for exceptions where the courts may disregard the separate legal personality of the company. The general rule is that a court will pierce the corporate veil “only where special circumstances exist indicating that it is a mere façade concealing the true facts, so that the separate existence of the company is in some sense being abused or, at least, is not being maintained in the full sense, with the result that separates between the company and its members does not in fact exist. However the courts uniformly exercise significant discretion, and fail to offer a clear standard for veil piercing.”4 Besides company law, this research paper also considers other areas of law where this principle has been applied. These include labour law, criminal (corporate liability) and maritime law. DA - 2011 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2011 T1 - Justifications for piercing the corporate veil TI - Justifications for piercing the corporate veil UR - http://hdl.handle.net/11427/13510 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/13510
dc.identifier.vancouvercitationKakubo MM. Justifications for piercing the corporate veil. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2011 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/13510en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.titleJustifications for piercing the corporate veilen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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