Courts will disregard the corporate entity, allowing for individual shareholders, directors or officers (i.e. the “alter–egos”) to be held liable in certain circumstances. This is also known as “piercing the corporate veil.”
In this manner, what does piercing the veil of corporate fiction mean?
The doctrine of piercing the veil of corporate entity is used whenever a court finds that the corporate fiction is being used to defeat public convenience, justify wrong, protect fraud, or defend crime or w confuse legitimate issues, or that a corporation is the mere alter ego or business conduit of a person or where …
Herein, how do you prove your alter ego?
There are two main requirements for alter ego liability. First, the plaintiff must prove that there exists a “unity of interest and ownership” between the owner and the corporation so that separate identities do not actually exist.
What is an example of an alter ego?
An example of an alter ego is a person who behaves almost as similarly to you, your differences are unrecognizable. … The definition of an alter ego is someone with whom you are very close friends. An example of an alter ego is someone with whom you have been friends since childhood.
What is a corporate alter ego?
alter ego. n. a corporation, organization or other entity set up to provide a legal shield for the person actually controlling the operation. Proving that such an organization is a cover or alter ego for the real defendant breaks down that protection, but it can be difficult to prove complete control by an individual.
What is piercing the corporate veil Why is it important?
A key reason that business owners and managers choose to form a corporation or limited liability company (LLC) is so that they won’t be held personally liable for debts should the business be unable to pay its creditors. … When this happens it’s called “piercing the corporate veil.”
When can a corporate veil be lifted?
FRAUD OR IMPROPER CONDUCT– the most common ground when the courts lift the corporate veil is when the members of the company are indulged in fraudulent acts. The intention behind it is to find the real interests of the members. In such cases, the members cannot use Salomon principle to escape from the liability.
What is piercing the corporate veil and when would it occur?
“Piercing the corporate veil” refers to a situation in which courts put aside limited liability and hold a corporation’s shareholders or directors personally liable for the corporation’s actions or debts. Veil piercing is most common in close corporations.
Can an individual be an alter ego of a corporation?
Corporations are viewed as separate from their owners under corporate law, so when an owner starts abusing their company for personal accounts, the company has essentially become the owner’s alter ego. This, then, opens owners up to personal liability cases, which can cost owners a tremendous amount of money.
What is the legal meaning of alter ego?
“Alter Ego” is a derived term from Latin. … Alter ego is the doctrine which prevents the stakeholders of the corporation, i.e., shareholders and directors from taking the refuge of doctrine of separate legal entity.
What is the alter ego principle?
A doctrine whereby the mental state of the directors and officers who control and determine the management of the company can be attributed to the company, such as to render the company (and not ordinarily the directors and officers) liable in law in respect of the actions undertaken by its human controllers.
Is alter ego an equitable claim?
The court, and not the jury, decides whether to pierce the corporate veil and apply alter–ego liability to individual defendants. This is because alter–ego liability is an equitable doctrine.
Is alter ego a cause of action?
Generally, What is an “Alter Ego” Cause of Action? The “alter ego” doctrine allows a party to pierce the corporate veil and pursue shareholders of a corporation based upon the manner in which the corporation has been managed.
