The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries

Andrew Muscat

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English

Dartmouth Publishing Co Ltd
26 September 1996

Company law; Equity & trusts; Bankruptcy & insolvency

"This study deals with the liability of the holding company for the debts of its insolvent subsidiaries. It identifies four types of behaviour practised by corporate groups which may prejudice the interests of external creditors: the subservient subsidiary; the inadequately financed subsidiary; the fragmented economic enterprise; and the use of misleading group persona techniques. The author proposes that in certain well-defined circumstances ""equity law"" should give way to an ""enterprise"" analysis and holding company or group liability be imposed in respect of the debts of insolvent subsidiaries. Crucial to the text's discussion are two related principles of English company law: that a company is a juridical entity separate from its shareholders, and that the shareholders are not liable for the debts of their company."

By: Andrew Muscat
Imprint: Dartmouth Publishing Co Ltd
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 219mm, Width: 153mm, Spine: 162mm
Weight: 952g
ISBN: 9781855218444
ISBN 10: 1855218445
Pages: 576
Publication Date: 26 September 1996
Audience: College/higher education , General/trade , Primary , ELT Advanced
Format: Hardback
Publisher's Status: Active

Contents: 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.

Andrew Muscat