directors’ liability under thr doctrine of piercing the corporate veil : the directors' liability for corporate debt
نویسندگان
چکیده
the doctrine of piercing the corporate veil fascilitated holding directors liable for corporate debt. nevertheless, the doctrine is not a seperate cause of action. directors are bound by fiduciary duty, duty of loyalty and duty of care and skill to the corporation and its shareholders. however, there is not such a contractual relationship between directors and creditors. thus, requiring directors to compensate creditors should be justified on tort law. in the iranian, french and american legal systems, fault-based liability is the cause of action for directors' liability. the author found that in piercing cases, directors' liability follows the traditional rules of fault-based liability unless specified otherwise by statute as strict liability.
منابع مشابه
Corporate Criminal Liability
The Common Law: Vicarious Liability and the Development of Primary Liability UNLESS THE TERMS OF THE STATUTE INVOLVED SPECIFICALLY PROVIDE TO the contrary, the criminal responsibility of a company or corporation, as distinct from its officers or employees, falls to be determined by common law principles. Under original common law, a company could not be convicted for any criminal offence. The c...
متن کاملThe Capricious Cushion: The Implications of the Directors and Insurance Liability Crisis on Canadian Corporate Governance
One of the clearest legacies of the growing concern expressed over the international competitiveness of Canadian and American businesses has been the urgency it has lent to a very old debate respecting the efficacy of the apparatus used to govern the business and affairs of large, public corporations. For instance, Michael Porter, one of the most articulate if not the most prolific of the new c...
متن کاملDirectors’ and officers’ liability insurance and the cost of debt
Using hand-collected data on directors’ and officers’ liability insurance (D&O insurance), we analyze the effect of D&O insurance on the cost of debt. We find that higher levels of D&O insurance coverage are associated with higher at-issue bond yields (to maturity) and higher loan spreads. This evidence suggests that debtholders view D&O insurance coverage as increasing credit risk (potentially...
متن کاملCorporate risk management: evidence from product liability
In this paper we examine the factors that determine how firms manage large, firmspecific risks, in this case, product liability. The risk of being sued for defective products or damage from defective products poses a small probability of a great loss to the firm. Product liability exposure arises from the firm’s choice of products and markets; choices that are fundamental to the firm’s business...
متن کاملDirectors’ and Officers’ Liability Insurance, Corporate Risk and Risk Taking: New Panel Data Evidence on the Role of Directors’ and Officers’ Liability
In this paper, we develop and estimate models of the determinants of firms’ demand for directors’ and officers’ liability insurance. We add to and validate the existing empirical literature by testing hypotheses regarding the relationship between D&O insurance purchase and firm size, governance characteristics and business risk. Our data set allows us to test both purchase decisions and limits ...
متن کاملمنابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
مجله مطالعات حقوق تطبیقیجلد ۶، شماره ۱، صفحات ۸۵-۱۰۵
کلمات کلیدی
میزبانی شده توسط پلتفرم ابری doprax.com
copyright © 2015-2023