Balancing Corporate Independence and Accountability: A Critical Analysis of the Separate Legal Entity Principle and Its Implications for Women in Corporate Structures
摘要
The principle of separate legal entity is a cornerstone of corporate law, enabling companies to function as independent legal persons distinct from their shareholders and directors. This legal distinction facilitates economic growth by limiting shareholder liability and encouraging investment and innovation. However, this foundational principle is increasingly subject to misuse in complex corporate structures, where it is exploited for unethical purposes such as tax evasion, fraud, and avoidance of legal responsibilities. This paper critically examines the dual nature of the separate legal entity principle, its role in fostering entrepreneurship and its potential to shield corporate misconduct. It also explores the legal mechanisms and reforms needed to mitigate the abuse of this principle while preserving its essential benefits. The analysis aims to strike a balance between maintaining corporate independence and ensuring ethical accountability in contemporary corporate governance.