The corporate personality doctrine, as created in Salomon v. Salomon & Co Ltd, sets a company up as an independent legal entity capable of owning property, making contracts, and being sued independently of its directors and shareholders. The doctrine, founded in the Companies Act 2006, encourages entrepreneurship, investment, and economic growth by limiting shareholder liability. But it has also generated ethical and legal issues, particularly with regard to multinational companies, whereby it is employed to escape liability, conceal fraud, and break contractual obligations. Classic cases such as Adams v. Cape Industries plc illustrate how companies utilize loopholes in law to shield assets from creditors and escape accountability for bribery, ecological catastrophes, and fiscal impropriety. This essay discusses the basis in law, benefits, and drawbacks of corporate personality and determines the need to reform to preclude abuse yet keep it an anchor of Contemporary corporate law.

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Corporate Personality and the Sphere of Influence: Balancing Legal Protection and Ethical Accountability

  • Aysha Ali Mohamed,
  • Raed Alnimer,
  • Rob Stokes

摘要

The corporate personality doctrine, as created in Salomon v. Salomon & Co Ltd, sets a company up as an independent legal entity capable of owning property, making contracts, and being sued independently of its directors and shareholders. The doctrine, founded in the Companies Act 2006, encourages entrepreneurship, investment, and economic growth by limiting shareholder liability. But it has also generated ethical and legal issues, particularly with regard to multinational companies, whereby it is employed to escape liability, conceal fraud, and break contractual obligations. Classic cases such as Adams v. Cape Industries plc illustrate how companies utilize loopholes in law to shield assets from creditors and escape accountability for bribery, ecological catastrophes, and fiscal impropriety. This essay discusses the basis in law, benefits, and drawbacks of corporate personality and determines the need to reform to preclude abuse yet keep it an anchor of Contemporary corporate law.