Lifting The Veil Of Incorporation In Nigeria
In adeyemi v lan and baker nig ltd the court held that there is nothing sacrosanct about the veil of incorporation.
Lifting the veil of incorporation in nigeria. The locus classicus case of salomon v. Salomon is the judicial authority that enforces the legal personality of corporate entity especially when it has been incorporated. In other words where a fraudulent and dishonest use is made of the legal entity the individuals concerned will not be allowed to take shelter behind the corporate personality. The lifting of the corporate veil implies neglecting the corporate personality and looking for the genuine individual who is in the control of the organization.
Where a court determines that a company s business was not conducted in accordance with the provisions of corporate. It outlined the principle which states that upon incorporation a company is. The veil shall be lifted to prevent the avoidance of recognition by the eyes of equity. The concept of lifting the veil under the english doctrine there are a number of exceptions to the separate legal personality principle.
Doctrine of lifting the veil its implication on corporate governance in nigeria. Where the courts are prepared to lift the mask or veil of incorporation and look at what has really been going on behind the scenes in the company. Lifting the veil of incorporation. It outlined the principle which states that upon incorporation a company is clothed with legal.
You may have a lime green or gothic black wedding dress. Salomon and co ltd 1897 a c. Lifting of the corporate veil means disregarding the corporate personality and looking behind the real person who are in the control of the company. Consequently a company s liabilities are its own not those of its shareholders.
Lifting the veil of incorporation. The case of salomon v. Lifting of corporate veil a legal concept that separates the personality of a corporation from the personalities of its shareholders and protects them from being liable for the company s debts and other obligations. 22 hl is often considered the basis on which the jurisprudence of corporate personality is established.
The doctrine of lifting the veil and its implication on corporate governance in nigeria. The case of salomon v. At the end of the day where a false and deceptive utilize is made of the legitimate entity the people concerned won t be permitted to take shield behind the corporate personality. This doctrine emphasizes that a company has a separate entity from its.
In turn a protective veil of sorts is cast over the true controllers of the company. Salomon and co ltd 1897 a c. Lifting the veil occurs where the courts or law disregard the corporate personality of the company in deserving circumstances. Abuse of the separate legal personality separate legal personality.
This ability of a properly formed and maintained company to shield its owners from personal liability is sometimes referred to since the corporate veil. A veil can adjust the simplest dress right into a stunning bridal outfit. The incorporation of a company creates a separate person in law.