Group Company Liability

  title={Group Company Liability},
  author={Martin Petrin and Barnali Roy Choudhury},
  journal={European Business Organization Law Review},
According to a universal bedrock principle of corporate law, corporations have separate legal personality and limited liability. These principles apply equally to corporate groups. Accordingly, a parent company is normally not liable for legal infractions and unpaid debts of its subsidiaries. In relation to torts and other misconduct committed by corporations, however, the bedrock principles of corporate law are increasingly subject to criticism, in particular where such claims cannot be… 
Rapid changes have tested and will continue to test the limits of liability in tort law. To date, much pressure has been applied to the principles governing the liability of a holding company since
Inequality and Taxation of Multinational Corporate Groups
The present paper deals with the question how to tax multinational corporate groups in order to reduce inequality. Since inequality is abstract, it is necessary to interpret it, which implies
The Legal Position of Parent Companies: A Top-Down Focus on Group Governance
Corporate groups have been the subject of much research and debate, but mostly focussing on the position of the controlled company, e.g. the subsidiaries. There has been less focus on the legal
Ethical and Legal Responsibility of Multinational Corporate Groups for a Fair Share of Taxes
Abstract This paper deals with the question whether there are reasons to deem multinational corporate groups ethically or legally responsible for paying their fair share of taxes. Ethical concepts
Economic Analysis of Corporate Law
The economic analysis of corporate law applies the concepts and tools of microeconomics to the study of the legal rules, regulations and practices that govern the formation and operation of business
The Corporate Governance Performance of Taiwan's Legal Entity Directors and Supervisors for Fat Cat Enterprises
In order to speed up economic development and in response to changes in corporate capital structure, Taiwan has introduced a legal person director and supervisor system since 1946. However, the
A Comparative Study on the Application of Group Liability in the Field of Environmental Torts between China and the United States
  • Jiahui Pan
  • Business
    Journal of Education, Humanities and Social Sciences
  • 2022
As the biggest developing country, China is relatively lagging in the development of laws on environmental protection. With the increasing impact on the environment bring by the enterprises, the


Piercing the Corporate Veil, Financial Responsibility, and the Limits of Limited Liability
This article takes a fresh look at veil-piercing jurisprudence, a notoriously incoherent area of the law. I argue that a sensible approach to veil-piercing requires careful attention to the
Limited liability and multinational enterprises: a case for reform?
In the context of corporate groups, the legal principles of limited liability and corporate separation can lead to injustice in cases of harm to involuntary creditors by externalising risks that
Rethinking Limited Liability of Parent Corporations for Foreign Subsidiaries' Violations of International Human Rights Law
The doctrine of limited liability of shareholders often prevents victims harmed by a corporation’s foreign subsidiary’s violation of international human rights norms from obtaining a remedy when that
Beyond 'Unlimiting' Shareholder Liability: Vicarious Tort Liability for Corporate Officers
Although limited liability is the primary benefit of the corporate form, it continues to generate controversy. In this Article, Professor Glynn argues that extending vicarious tort liability to
Piercing the veil on corporate groups in Australia: The case for reform
[Many large-scale businesses are conducted through the form of corporate groups, each company being a separate legal entity enjoying limited liability. This can create problems for those dealing with
The Multinational Challenge to Corporation Law: The Search for a New Corporate Personality
Since the nineteenth century the structure of commercial organizations has developed from the lone corporate body into corporate groups that defy national boundaries. The challenge of determining the
Abolishing Veil Piercing
The corporate law doctrine of limited liability has been much written about, but veil piercing as such has gotten far less academic scrutiny. This article addresses that lacuna, offering a doctrinal
Changing Paradigms: The Liability of Corporate Groups in Germany
The German law on affiliated companies and groups of companies ("Konzernrecht"), as embodied in the German Stock Corporation Act of 1965, as amended ("Aktiengesetz"), has often been credited for its
Limited Liability and the Corporation
Limited liability is a fundamental principle of corporate law. Yet liability has never been absolutely limited. Courts occasionally allow creditors to "pierce the corporate veil," which means that
Liability of Corporate Groups and Networks
This book is concerned with the ‘insolvent entity problem’. This problem can arise in two ways. In the first case, a subsidiary company within a corporate group becomes insolvent and is unable to pay