Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim
The primary purpose for the doctrine of separate legal personality is to encourage entrepreneurship, by shifting the risks of business failure away from entrepreneurs to creditors and other risk bearers. Unfortunately this doctrine is subject to abuse by corporate controllers, which prompted the co...
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| Format: | Article |
| Language: | English |
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Faculty of Administratron and Law
2004
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| Online Access: | https://ir.uitm.edu.my/id/eprint/11832/1/AJ_MOHAMMAD%20RIZAL%20SALIM%20LAW%2004.pdf |
| _version_ | 1825733977636339712 |
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| author | Salim, Mohammad Rizal |
| author_facet | Salim, Mohammad Rizal |
| author_sort | Salim, Mohammad Rizal |
| collection | UITM |
| description | The primary purpose for the doctrine of separate legal personality is to encourage entrepreneurship, by shifting the risks of business failure away from entrepreneurs to
creditors and other risk bearers. Unfortunately this doctrine is subject to abuse by corporate controllers, which prompted the courts and the legislature to provide for
exceptions. These exceptions are better known as the lifting or piercing of the corporate veil. How do these exceptions protect creditors? How effective are they? This article seeks to examine laws in relation to the separate legal personality doctrine and the duties of directors which directly affects, or attempts to protect, creditors from unfair and improper conduct by corporate controllers. |
| first_indexed | 2024-03-06T01:24:58Z |
| format | Article |
| id | oai:ir.uitm.edu.my:11832 |
| institution | Universiti Teknologi MARA |
| language | English |
| last_indexed | 2024-03-06T01:24:58Z |
| publishDate | 2004 |
| publisher | Faculty of Administratron and Law |
| record_format | dspace |
| spelling | oai:ir.uitm.edu.my:118322016-06-03T08:23:35Z https://ir.uitm.edu.my/id/eprint/11832/ Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim Salim, Mohammad Rizal Entrepreneurship. Property Insolvency and bankruptcy. Creditors' rights The primary purpose for the doctrine of separate legal personality is to encourage entrepreneurship, by shifting the risks of business failure away from entrepreneurs to creditors and other risk bearers. Unfortunately this doctrine is subject to abuse by corporate controllers, which prompted the courts and the legislature to provide for exceptions. These exceptions are better known as the lifting or piercing of the corporate veil. How do these exceptions protect creditors? How effective are they? This article seeks to examine laws in relation to the separate legal personality doctrine and the duties of directors which directly affects, or attempts to protect, creditors from unfair and improper conduct by corporate controllers. Faculty of Administratron and Law 2004 Article PeerReviewed text en https://ir.uitm.edu.my/id/eprint/11832/1/AJ_MOHAMMAD%20RIZAL%20SALIM%20LAW%2004.pdf Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim. (2004) UiTM Law Review <https://ir.uitm.edu.my/view/publication/UiTM_Law_Review/>, 2. pp. 90-103. ISSN 1511-9068 |
| spellingShingle | Entrepreneurship. Property Insolvency and bankruptcy. Creditors' rights Salim, Mohammad Rizal Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim |
| title | Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim |
| title_full | Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim |
| title_fullStr | Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim |
| title_full_unstemmed | Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim |
| title_short | Corporate insolvency : separate legal personality and directors' duties to creditors / Mohammad Rizal Salim |
| title_sort | corporate insolvency separate legal personality and directors duties to creditors mohammad rizal salim |
| topic | Entrepreneurship. Property Insolvency and bankruptcy. Creditors' rights |
| url | https://ir.uitm.edu.my/id/eprint/11832/1/AJ_MOHAMMAD%20RIZAL%20SALIM%20LAW%2004.pdf |
| work_keys_str_mv | AT salimmohammadrizal corporateinsolvencyseparatelegalpersonalityanddirectorsdutiestocreditorsmohammadrizalsalim |