scholarly journals Piercing the corporate veil in various jurisdictions – Principled or unprincipled?

2020 ◽  
Vol 16 (2) ◽  
pp. 47-53
Author(s):  
Badar Mohammed Almeajel Alanazi
Keyword(s):  
Limited Liability ◽  
Developed Countries ◽  
Court Cases ◽  
Legal Rules ◽  
The Us ◽  
The Subject ◽  
Piercing The Corporate Veil ◽  
The Uk ◽  
A Company ◽  
Fair Balance

The principle of limited liability of a company has been uniformly adopted by developed countries. In order to ensure a fair balance, the courts agree on occasion to ‘pierce’ or ‘lift’ the corporate veil, which involves imposing liability on the mother company for actions of its subsidiary or individual shareholders, directors, and other involved persons for actions of the company. In this regard, there have been several studies arguing the legal issues associated with the limited liability of a company and piercing the corporate veil such as Schall (2016) and Michoud (2019). This paper compares current veil-piercing practices in three jurisdictions: the UK, the US, and Australia in order to outline the advantages and limitations of the approaches taken by the courts in each country as well as to identify best practices in terms of veil piercing. For that purpose, an analytical approach to the examination of the relevant legal rules, principles, and court cases has been adopted in undertaking the present paper. The paper comes up with a number of specific suggestions and recommendations for improving the regulatory role in regard to the subject of piercing of the corporate veil.

scholarly journals Dividend Policy in Indonesian Companies: Does Corporate Governance Matter?

2019 ◽  
Vol 8 (2S9) ◽  
pp. 825-830
Keyword(s):  
Corporate Governance ◽  
Dividend Policy ◽  
Resource Dependence ◽  
Secondary Data ◽  
Developed Countries ◽  
Resource Dependence Theory ◽  
Financial Statement ◽  
Finance Industry ◽  
The Us ◽  
The Uk

This study investigates whether corporate governance matters with regards to the dividend policy in Indonesian companies. Previous studies on this subject have mostly been done in developed countries, which have adopted the common law, such as in the US and the UK. This study uses 26 companies operating in the finance industry. Secondary data is used from several sources, such as the annual report and financial statement and related websites. This study uses an independent sample t-test to analyse the data. Corporate governance matters for dividend policy in Indonesian companies. It is evidenced by the fact that there is a significant differ ence in managerial ownership and board size between dividend paid and dividend not paid. Profitability also differs between dividend paid and dividend not paid companies; companies with higher profitability tend to pay dividend. This study provides empirical evidence that corporate governance matters for dividend policy in Indonesian companies. There are two contributions of this study: the result confirms the resource dependence theory and the convergence governance hypothesis.

Minimising medical litigation: a review of key tort and legal reforms

2009 ◽  
Vol 5 (2) ◽  
pp. 179-233 ◽  
Author(s):  
Harold Tan
Keyword(s):  
Medical Malpractice ◽  
Developed Countries ◽  
Economic Sustainability ◽  
Legal Reforms ◽  
The Us ◽  
Tort System ◽  
Medical Litigation ◽  
Tort Reforms ◽  
The Uk ◽  
The Impact

The traditional tort system in medical malpractice is increasingly perceived as being incapable of addressing the mismatch between claims and negligent injuries. Tort reforms have been introduced in various developed countries in an attempt to bring about greater fairness and economic sustainability in the compensation of medical injuries and to reduce the overall rate of medical litigation. This paper reviews the key tort reforms that have been used in various countries, notably the US and the UK, and discusses the arguments that had been put forth by advocates and opponents of such reforms. The impact of these tort reforms, where studied and available, is also reviewed and discussed in the paper.

THE EVOLUTION OF SHAREHOLDER AND CREDITOR PROTECTION IN AUSTRALIA: AN INTERNATIONAL COMPARISON

2012 ◽  
Vol 61 (1) ◽  
pp. 171-207 ◽  
Author(s):  
Helen Anderson ◽  
Michelle Welsh ◽  
Ian Ramsay ◽  
Peter Gahan
Keyword(s):  
Creditor Protection ◽  
Similar Data ◽  
Upward Trend ◽  
International Debate ◽  
Legal Rules ◽  
Shareholder Protection ◽  
Business Regulation ◽  
Legal Origins ◽  
The Us ◽  
The Uk

AbstractThis article is part of a larger international investigation of the effects of a country's legal origins on the style of business regulation. We employ an innovative ‘leximetric’ methodology to numerically code the protective strength of Australian corporate law for both shareholder and creditor protection for the period 1970 to 2010. This leximetric methodology has been used in a prominent international debate concerning the development of legal rules and the effects of different styles of regulation on a range of economic outcomes—the legal origins debate. Drawing on similar data compiled by Armour, Deakin, Lele and Siems in five other countries (France, Germany, India, the UK and the US) for the period 1970 to 2005, we compare changes in the level of protection afforded to Australian shareholders and creditors with developments in other countries. Our analysis finds that in Australia there was a sustained upward trend in shareholder protection, but not in the case of creditor protection. Compared to the five other countries, the level of protection afforded to shareholders under Australian law was relatively high, and this was the case for the level of protection afforded to creditors as well. We also examine the extent of convergence and divergence in shareholder and creditor protection among the countries in the study. We find persistent divergence in shareholder protection, with the extent of divergence in 2005 similar to that in 1970. For creditor protection, we find increasing divergence among the countries over the period of study. Our findings are not supportive of legal origins theory.

Gender and Computing at University in the UK

2009 ◽  
pp. 1583-1590
Author(s):  
Ruth Woodfield
Keyword(s):  
Information Technology ◽  
Computer Science ◽  
Educational Level ◽  
The Us ◽  
Underlying Causes ◽  
The Subject ◽  
Using Data ◽  
Women's Role ◽  
The Uk ◽  
Educational Field

In the late 1970s, women’s progress and participation in the more traditional scientific and technical fields, such as physics and engineering, was slow, prompting many feminist commentators to conclude that these areas had developed a nearunshakeable masculine bias. Although clearly rooted in the domains of science and technology, the advent of the computer was initially seen to challenge this perspective. It was a novel kind of artefact, a machine that was the subject of its own newly created field: “computer science” (Poster, 1990, p. 147). The fact that it was not quite subsumed within either of its parent realms led commentators to argue that computer science was also somewhat ambiguously positioned in relation to their identity as masculine. As such, it was claimed that its future trajectory as equally masculine could not be assumed, and the field of computing might offer fewer obstacles and more opportunities for women than they had experienced before. Early predictions of how women’s role in relation to information technology would develop were consequently often highly optimistic in tone. Computing was hailed as “sex-blind and colour-blind” (Williams, Cited in Griffths 1988, p. 145; see also Zientara, 1987) in support of a belief that women would freely enter the educational field, and subsequently the profession, as the 1980s advanced. During this decade, however, it became increasingly difficult to deny that this optimism was misplaced. The numbers of females undertaking undergraduate courses in the computer sciences stabilised at just over a fifth of each cohort through the 1980s and 1990s, and they were less likely to take them in the more prestigious or researchbased universities (Woodfield, 2000). Tracy Camp’s landmark article “The Incredible Shrinking Pipeline” (1997), using data up to 1994, plotted the fall-off of women in computer science between one educational level and the next in the US. It noted that “a critical point” was the drop-off before bachelor-level study—critical because the loss of women was dramatic, but also because a degree in computer science is often seen as one of the best preparatory qualifications for working within a professional IT role1. The main aim of this article is to examine how the situation has developed since 1994, and within the UK context. It will also consider its potential underlying causes, and possible routes to improvement.

2. Companies and Corporate Personality

2020 ◽  
pp. 4-32
Author(s):  
Imogen Moore
Keyword(s):  
Limited Liability ◽  
Legal Person ◽  
Public And Private ◽  
Questions And Answers ◽  
The Veil ◽  
Legal Forms ◽  
The Uk ◽  
A Company ◽  
Corporate Personality

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 (public and private). 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.

scholarly journals Situating Continuing Professional Development in Life Long Learning in Qatar

2016 ◽  
Vol 11 (11) ◽  
pp. 81 ◽  
Author(s):  
Vishanth Weerakkody ◽  
Mohamad Osmani ◽  
Paul Waller ◽  
Nitham Hindi ◽  
Rajab Al-Esmail
Keyword(s):  
Professional Development ◽  
Continuing Professional Development ◽  
Developed Countries ◽  
The Past ◽  
Life Long Learning ◽  
The Us ◽  
Local Contexts ◽  
The Uk ◽  
High Level

<p>Continued professional development (CPD) has been at the centre of capacity building in most successful organisations in western countries over the past few decades. Specialised professions in fields such as Accounting, Finance and ICT, to name but a few, are continuously evolving, which is necessitating certain standards to be followed through registration and certification by a designated authority (e.g. ACCA). Whilst most developed countries such as the UK and the US have well established frameworks for CPD for these professions, several developing nations, including Qatar (the chosen context for this article) are only just beginning to adopt these frameworks into their local contexts. However, the unique socio-cultural settings in such countries require these frameworks to be appropriately modified before they are adopted within the respective national context. The purpose of this paper is to examine the role of CPD in Qatar through comparing the UK as a benchmark and drawing corresponding and contrasting observations to formulate a roadmap towards developing a high level framework.</p>

Gender and Computing at University in the UK

2011 ◽  
pp. 365-371
Author(s):  
Ruth Woodfield
Keyword(s):  
Information Technology ◽  
Computer Science ◽  
Educational Level ◽  
The Us ◽  
Underlying Causes ◽  
The Subject ◽  
Using Data ◽  
Women's Role ◽  
The Uk ◽  
Educational Field

In the late 1970s, women’s progress and participation in the more traditional scientific and technical fields, such as physics and engineering, was slow, prompting many feminist commentators to conclude that these areas had developed a near-unshakeable masculine bias. Although clearly rooted in the domains of science and technology, the advent of the computer was initially seen to challenge this perspective. It was a novel kind of artefact, a machine that was the subject of its own newly created field: “computer science” (Poster, 1990, p. 147). The fact that it was not quite subsumed within either of its parent realms led commentators to argue that computer science was also somewhat ambiguously positioned in relation to their identity as masculine. As such, it was claimed that its future trajectory as equally masculine could not be assumed, and the field of computing might offer fewer obstacles and more opportunities for women than they had experienced before. Early predictions of how women’s role in relation to information technology would develop were consequently often highly optimistic in tone. Computing was hailed as “sex-blind and colour-blind” (Williams, Cited in Griffths 1988, p. 145; see also Zientara, 1987) in support of a belief that women would freely enter the educational field, and subsequently the profession, as the 1980s advanced. During this decade, however, it became increasingly difficult to deny that this optimism was misplaced. The numbers of females undertaking undergraduate courses in the computer sciences stabilised at just over a fifth of each cohort through the 1980s and 1990s, and they were less likely to take them in the more prestigious or research-based universities (Woodfield, 2000). Tracy Camp’s landmark article “The Incredible Shrinking Pipeline” (1997), using data up to 1994, plotted the fall-off of women in computer science between one educational level and the next in the US. It noted that “a critical point” was the drop-off before bachelor-level study—critical because the loss of women was dramatic, but also because a degree in computer science is often seen as one of the best preparatory qualifications for working within a professional IT role1. The main aim of this article is to examine how the situation has developed since 1994, and within the UK context. It will also consider its potential underlying causes, and possible routes to improvement.

5. Corporate personality

2016 ◽  
Author(s):  
Derek French ◽  
Stephen W. Mayson ◽  
Christopher L. Ryan
Keyword(s):  
Human Rights ◽  
Corporate Law ◽  
Court Cases ◽  
Controlling Shareholder ◽  
Legal Personality ◽  
Legal Proceedings ◽  
Personal Rights ◽  
Piercing The Corporate Veil ◽  
A Company ◽  
Corporate Personality

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.

Evolution of military medicine literature: a scientometric study of global publications on military medicine between 1978 and 2017

2019 ◽  
Vol 166 (E) ◽  
pp. e25-e33 ◽  
Author(s):  
Engin Şenel
Keyword(s):  
Military Medicine ◽  
Developed Countries ◽  
Least Developed Countries ◽  
Academic Field ◽  
Novel Studies ◽  
Publication Patterns ◽  
The Us ◽  
The Uk ◽  
Developed Nations ◽  
The Military

ObjectivesScientometrics is a popular statistical discipline providing data relevant to publication patterns and trends in a certain academic field. There are no scientometric analyses of publications produced in military medicine literature. The present study aims to perform a holistic analysis of military medicine literature.MethodsAll data of this study were collected from the Web of Science Core Collection. All indexed documents between 1978 and 2017 were included. Countries, authors, institutions, citations and keywords relevant to the military medicine literature were comprehensively analysed. An infomap revealing global productivity and infographics of scientometric networks were generated.ResultsA total of 48 240 published items were found, 82.29% of which were original articles. USA, covering 56.66% of all literature dominated the military medicine field followed by the UK, China, Canada and Israel. We found that 18 of 20 most productive institutions in the world were from USA and the US Department of Defense was the most contributing institution in the literature with 9664 documents. The most used keywords over a 40-year period were ‘military’, ‘veterans’, ‘posttraumatic stress disorder’ and ‘military personnel’. A scientometric network of keywords showed a complicated ‘starburst pattern’.ConclusionAll most contributing countries except Turkey, China and Israel were developed nations. Only one institution (Tel Aviv University) from developing countries was noted in the list of 20 most productive institutions. The researchers from developing and the least developed countries should be encouraged and supported to carry out novel studies on military medicine.

Strategies for Business Firms in Declining Markets

2009 ◽  
Vol 5 (2) ◽  
pp. 173-181
Author(s):  
Sarira Aurangabadkar
Keyword(s):  
Interest Rates ◽  
Developed Countries ◽  
Fiscal Year ◽  
Government Growth ◽  
Global Recession ◽  
Reserve Bank ◽  
The Us ◽  
Manufacturing Activity ◽  
The Government ◽  
The Uk

The economic crisis that has engulfed the world since 2007 has become serious by the first quarter of 2009.Many developed countries too are affected severely, namely the US, Germany, the UK and others. Fortunately, India as of now seems to be less affected, yet the winds of global recession are now felt. The Indian economy grew at an annual rate of 7.6% in the quarter ending in September, 2008. As per the projections of the government growth in the fiscal year, 2008-09 could be in the range of 7 to 8 %, which is, lower than 9% in the last year. The government has unveiled a multibillion dollar stimulus on 7th December, 2008 and 2nd January, 2009 respectively. The Reserve Bank of India has cut interest rates aggressively. India Inc has felt the heat of the global meltdown in the third quarter ending in December, 2008 where the income has dropped by a massive 23% points compared to the previous year. Indian manufacturing activity has contracted for the second consecutive month in December, 2008 to its lowest in more than three and half years. India’s exports too have declined by 12.1 % in October, 2008 showing a negative trend for the first time in the last five years.

Sign in / Sign up

Export Citation Format

Share Document