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ACCA Applied Skills · Corporate and Business Law (Global) · Corporations and legal personality

Under which circumstance would a court in a common law jurisdiction be most likely to disregard a company's separate legal personality?

A court is most likely to disregard separate personality where a company is formed as a facade to avoid an existing legal obligation. High shareholding or trading losses are lawful and do not by themselves justify lifting the veil.

  1. AA company is formed to avoid an existing legal obligation, and it is a facadeCorrect
  2. BA shareholder owns 90% of the company's shares
  3. CA company has made a loss for three consecutive years

Explanation

The veil is lifted where a company is a sham or facade used to evade existing obligations. High shareholding and trading losses are lawful features of companies and do not justify disregarding separate personality.

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