ACCA Applied Knowledge · Business and Technology · The purpose and types of business organisation
Carlos is the sole director and shareholder of Brightline Co. He transfers his personal debts to the company and uses the company to dodge a court order against him personally. A court may disregard the company's separate personality. What is this known as?
This is lifting the corporate veil. Where a company is used as a sham or to evade legal obligations or commit fraud, a court can ignore its separate legal personality and hold the individuals behind it responsible for its actions or debts.
- ALifting the corporate veilCorrect
- BCapital maintenance
- CPerpetual succession
Explanation
Courts can lift (pierce) the corporate veil where the company is used as a facade for fraud or to evade legal obligations, treating the owner and company as one. Capital maintenance concerns protecting share capital, and perpetual succession means the company continues despite membership changes.
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