"Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian)
The doctrine of lifting the 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 incorporation. Despite its frequent use, the doctrine of lifting the corporate veil is only applied by the court...
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| Format: | Article |
| Language: | English |
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Sweet & Maxwell Asia
2009
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| Online Access: | http://irep.iium.edu.my/7579/ http://irep.iium.edu.my/7579/1/%5BDr_Zuhairah%5D_2009_-_Legal_Exposure_Lifting_the_corporate_veil_in_deciding_matrimonial_property_%28harta_sepencarian%29.pdf |
| _version_ | 1848776871748042752 |
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| author | Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff |
| author2 | Khoon, Ooi Peng |
| author_facet | Khoon, Ooi Peng Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff |
| author_sort | Ibrahim, Norliah |
| building | IIUM Repository |
| collection | Online Access |
| description | The doctrine of lifting the 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 incorporation. 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 are 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 businessmen 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 are 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 couples 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 of the corporate veil 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. |
| first_indexed | 2025-11-14T14:36:59Z |
| format | Article |
| id | iium-7579 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:36:59Z |
| publishDate | 2009 |
| publisher | Sweet & Maxwell Asia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-75792011-12-10T10:37:41Z http://irep.iium.edu.my/7579/ "Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian) Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff K Law (General) KPG Malaysia The doctrine of lifting the 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 incorporation. 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 are 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 businessmen 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 are 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 couples 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 of the corporate veil 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. Sweet & Maxwell Asia Khoon, Ooi Peng Ng, Joel Mohd Sa'ed , Mohd Zakry Sundrum, Kanesh Hay, David 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/7579/1/%5BDr_Zuhairah%5D_2009_-_Legal_Exposure_Lifting_the_corporate_veil_in_deciding_matrimonial_property_%28harta_sepencarian%29.pdf Ibrahim, Norliah and Abd Ghadas, Zuhairah Ariff (2009) "Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian). The Law Review. pp. 596-613. ISSN 1985-0891 |
| spellingShingle | K Law (General) KPG Malaysia Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff "Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian) |
| title | "Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian) |
| title_full | "Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian) |
| title_fullStr | "Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian) |
| title_full_unstemmed | "Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian) |
| title_short | "Legal Exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian) |
| title_sort | "legal exposure": lifting the corporate veil in deciding matrimonial property (harta sepencarian) |
| topic | K Law (General) KPG Malaysia |
| url | http://irep.iium.edu.my/7579/ http://irep.iium.edu.my/7579/1/%5BDr_Zuhairah%5D_2009_-_Legal_Exposure_Lifting_the_corporate_veil_in_deciding_matrimonial_property_%28harta_sepencarian%29.pdf |