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OverviewThis 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. Full Product DetailsAuthor: Andrew MuscatPublisher: Taylor & Francis Ltd Imprint: Routledge Weight: 0.453kg ISBN: 9781138276789ISBN 10: 1138276782 Pages: 576 Publication Date: 11 November 2016 Audience: College/higher education , General/trade , Tertiary & Higher Education , General Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsContents: Introduction; The Corporate Group - Risks of Abuse and Unfairness in Certain Behavioural Practices; The Relevance of Ordinary Principles to the Question of Inter-Corporate Liability; Policy Objectives and the Corporate Group; The Subservient Subsidiary Situation; The Undercapitalised Subsidiary Situation; The Integrated Economic Enterprise Situation; The Group Persona Situation; Common Issues; Conclusion.ReviewsAuthor InformationAndrew Muscat Tab Content 6Author Website:Countries AvailableAll regions |
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