"Legal exposure" lifting the corporate veil in deciding matrimonial property

The doctrine of lifting of corporate veil is a legal principle applied by the court to set aside the separate legal entity of a company in order to discover the truth behind the veil of corporation. Despite its frequent use, the doctrine of lifting the corporate veil is only applied by the court und...

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Main Authors: Abd Ghadas, Zuhairah Ariff, Ibrahim, Norliah
Format: Proceeding Paper
Language:English
Published: 2010
Subjects:
Online Access:http://irep.iium.edu.my/12123/
http://irep.iium.edu.my/12123/1/2010_-_Legal_exposure_lifting_the_corporate_veil_in_deciding_matrimonial_property_%28icast%29.pdf
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author Abd Ghadas, Zuhairah Ariff
Ibrahim, Norliah
author_facet Abd Ghadas, Zuhairah Ariff
Ibrahim, Norliah
author_sort Abd Ghadas, Zuhairah Ariff
building IIUM Repository
collection Online Access
description The doctrine of lifting of corporate veil is a legal principle applied by the court to set aside the separate legal entity of a company in order to discover the truth behind the veil of corporation. Despite its frequent use, the doctrine of lifting the corporate veil is only applied by the court under justified circumstances, for example when physical attributes of the company is required, in cases involving fraud or when the company is used as a sham, alter ego or agent of the owner/members for certain purposes In today's business world, there are many methods which are adopted by businessman to hide their personal interest in the business's assets/property. One of the ways is by transferring personal property to the companies or by using the company to buy assets which is meant for the owner/members. Under the doctrine of separate legal entity, a company can hold land/property under its own name and the members/owners have no interest in the company's property/assets. This doctrine could create problems to divorced couple in determining the matrimonial property, particularly if one of the parties conceals his/her personal interest behind the corporate entity which he/she owns. This paper intends to discuss the possibilities of applying the doctrine of lifting the corporate in determining matrimonial property in cases which involve property/assets under the company's name. Research methodologies which are adopted for this paper are statutory and doctrinal analysis.
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format Proceeding Paper
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institution International Islamic University Malaysia
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language English
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publishDate 2010
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spelling iium-121232012-01-09T01:49:39Z http://irep.iium.edu.my/12123/ "Legal exposure" lifting the corporate veil in deciding matrimonial property Abd Ghadas, Zuhairah Ariff Ibrahim, Norliah K Law (General) The doctrine of lifting of corporate veil is a legal principle applied by the court to set aside the separate legal entity of a company in order to discover the truth behind the veil of corporation. Despite its frequent use, the doctrine of lifting the corporate veil is only applied by the court under justified circumstances, for example when physical attributes of the company is required, in cases involving fraud or when the company is used as a sham, alter ego or agent of the owner/members for certain purposes In today's business world, there are many methods which are adopted by businessman to hide their personal interest in the business's assets/property. One of the ways is by transferring personal property to the companies or by using the company to buy assets which is meant for the owner/members. Under the doctrine of separate legal entity, a company can hold land/property under its own name and the members/owners have no interest in the company's property/assets. This doctrine could create problems to divorced couple in determining the matrimonial property, particularly if one of the parties conceals his/her personal interest behind the corporate entity which he/she owns. This paper intends to discuss the possibilities of applying the doctrine of lifting the corporate in determining matrimonial property in cases which involve property/assets under the company's name. Research methodologies which are adopted for this paper are statutory and doctrinal analysis. 2010 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/12123/1/2010_-_Legal_exposure_lifting_the_corporate_veil_in_deciding_matrimonial_property_%28icast%29.pdf Abd Ghadas, Zuhairah Ariff and Ibrahim, Norliah (2010) "Legal exposure" lifting the corporate veil in deciding matrimonial property. In: International Conference on Arts, Social Sciences and Technology 2010 (iCAST2010), 24th-26th February, 2010, Kedah. http://www.mastic.gov.my/servlets/sfs;jsessionid=1CDFD71FE9E07636C07A5E84EF12A9DA?s=iLhn59JEA3XDPD2iIG6&t=/contentManager/onStory&i=1108620651187&b=1108620651187&l=0&e=UTF-8&StoryID=1248742645828&ParentID=1108621049204
spellingShingle K Law (General)
Abd Ghadas, Zuhairah Ariff
Ibrahim, Norliah
"Legal exposure" lifting the corporate veil in deciding matrimonial property
title "Legal exposure" lifting the corporate veil in deciding matrimonial property
title_full "Legal exposure" lifting the corporate veil in deciding matrimonial property
title_fullStr "Legal exposure" lifting the corporate veil in deciding matrimonial property
title_full_unstemmed "Legal exposure" lifting the corporate veil in deciding matrimonial property
title_short "Legal exposure" lifting the corporate veil in deciding matrimonial property
title_sort "legal exposure" lifting the corporate veil in deciding matrimonial property
topic K Law (General)
url http://irep.iium.edu.my/12123/
http://irep.iium.edu.my/12123/
http://irep.iium.edu.my/12123/1/2010_-_Legal_exposure_lifting_the_corporate_veil_in_deciding_matrimonial_property_%28icast%29.pdf