Substantive consolidation under statute law: lessons from Australia

Harris, J

Substantive consolidation under statute law: lessons from Australia

Harris, J

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Publisher:: Thomson Canada
Publication Type:: Chapter
Citation:: Annual Review of Insolvency Law 2008, 2009, 1, pp. 541 - 568
Issue Date:: 2009-01

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Field	Value	Language
dc.contributor.author	Harris, J https://orcid.org/0000-0001-7099-4694	en_US
dc.contributor.editor	Janis Sarra	en_US
dc.date.issued	2009-01	en_US
dc.identifier.citation	Annual Review of Insolvency Law 2008, 2009, 1, pp. 541 - 568	en_US
dc.identifier.isbn	9780779816279	en_US
dc.identifier.uri	http://hdl.handle.net/10453/8127
dc.description.abstract	The principle that a corporation is a separate legal entity from its owners and managers is, together with the principle of limited liability given to registered corporations, a cornerstone of the modern capitalist system. Business corporations have grown from small entrepreneurial enterprises to large complex organizations controlling vast sums of money and resources. The purpose of this paper is not to question the validity or appropriateness of the separate legal entity principle but rather to examine the difficult questions that may arise when that principle is applied to an insolvent corporate group.	en_US
dc.publisher	Thomson Canada	en_US
dc.relation.ispartof	Annual Review of Insolvency Law 2008	en_US
dc.title	Substantive consolidation under statute law: lessons from Australia	en_US
dc.type	Chapter
utslib.location	Canada	en_US
utslib.for	1801 Law	en_US
utslib.citation.edition	1	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.edition	1	en_US
pubs.place-of-publication	Canada	en_US

Abstract:

The principle that a corporation is a separate legal entity from its owners and managers is, together with the principle of limited liability given to registered corporations, a cornerstone of the modern capitalist system. Business corporations have grown from small entrepreneurial enterprises to large complex organizations controlling vast sums of money and resources. The purpose of this paper is not to question the validity or appropriateness of the separate legal entity principle but rather to examine the difficult questions that may arise when that principle is applied to an insolvent corporate group.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/8127