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

Nonfiction, Reference & Language, Law, Bankruptcy
Cover of the book The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries by Andrew Muscat, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Andrew Muscat ISBN: 9781351886819
Publisher: Taylor and Francis Publication: December 5, 2016
Imprint: Routledge Language: English
Author: Andrew Muscat
ISBN: 9781351886819
Publisher: Taylor and Francis
Publication: December 5, 2016
Imprint: Routledge
Language: English

This 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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This 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.

More books from Taylor and Francis

Cover of the book Farm Incomes, Wealth and Agricultural Policy by Andrew Muscat
Cover of the book Faith by Andrew Muscat
Cover of the book In Search of Nixon by Andrew Muscat
Cover of the book Key Perspectives on Dyslexia by Andrew Muscat
Cover of the book Researching for the Media by Andrew Muscat
Cover of the book Democracy and Pluralism in Muslim Eurasia by Andrew Muscat
Cover of the book Art in the Primary School by Andrew Muscat
Cover of the book Not in Front of the Audience by Andrew Muscat
Cover of the book Disobedience by Andrew Muscat
Cover of the book Rethinking Information Systems in Organizations by Andrew Muscat
Cover of the book Creating Impact Through Future Learning by Andrew Muscat
Cover of the book Visual Politics and North Korea by Andrew Muscat
Cover of the book Egyptian Art by Andrew Muscat
Cover of the book A Lifetime of Communication by Andrew Muscat
Cover of the book Pre-tsarist and Tsarist Central Asia by Andrew Muscat
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy