Affordable Access

Access to the full text

The Fundamental Need of Reform in Company Law in England: Parent Company’s Liability for Debt of Insolvent Subsidiary

Authors
  • Yining, Long
Journal
Journal of Finance Research
Publisher
Synergy Publishing Pte. Ltd.
Publication Date
Oct 10, 0016
Volume
4
Issue
2
Identifiers
DOI: 10.26549/jfr.v4i2.5511
Source
Synergy Publishing
Keywords
License
Green

Abstract

Based on the fact that the parent company has actual control over the subsidiary company, this paper analyzes the possibility of the parent company using the subsidiary company to seek benefits and damage the interests of creditors. Moreover, under the intangible protection of the current limited liability system and the independent personality of the company, it can “retreat”. This is undoubtedly against the original intention of the establishment of enterprise groups and has great potential harm to creditors. In addition, on the basis of the relief measures for the rights and interests of the parent company caused by the bad behavior of the subsidiary, the legal defects that should be carefully considered are determined. Considering whether there are other remedies that may have the same effect as disclosure, some are more moderate than disclosure. With Britain’s strong caution about lifting the veil, a more moderate direction could be considered.

Report this publication

Statistics

Seen <100 times