The Corporate Veil Doctrine Revisited: A Comparative Study of the English and the U.S. Corporate Veil Doctrines

83 Pages Posted: 21 Mar 2011

See all articles by Thomas K. Cheng

Thomas K. Cheng

The University of Hong Kong - Faculty of Law

Date Written: March 20, 2011

Abstract

This Article undertakes a comparative study of corporate veil piercing doctrines under U.S. corporation and English company law. The Article highlights some fundamental differences between the doctrines in terms of jurisprudential approaches, treatment of specific case types, and other related issues. The Article demonstrates that despite these substantial differences, many English corporate veil cases in fact share a similar analytical approach to the instrumentality doctrine under U.S. law. There-fore, it is possible to construct an English instrumentality doctrine that will bring structure and clarity to the English corporate veil doctrine. The Article concludes with a revival of the much-maligned single economic unit theory, first propounded by Lord Denning. This reformulated theory will provide a more systematic approach to veil piercing cases involving corporate groups.

Keywords: Comparative, Piercing of Corporate Veil, Limited Liability

Suggested Citation

Cheng, Thomas K., The Corporate Veil Doctrine Revisited: A Comparative Study of the English and the U.S. Corporate Veil Doctrines (March 20, 2011). University of Hong Kong Faculty of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=1790610 or http://dx.doi.org/10.2139/ssrn.1790610

Thomas K. Cheng (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01242

Register to save articles to
your library

Register

Paper statistics

Downloads
812
Abstract Views
2,951
rank
28,757
PlumX Metrics