Texas Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder
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FAQ
Alter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. The court applies this rule to ignore the corporate status of a group of stockholders, officers, and directors of a corporation with respect to their limited liability.
The default rule in Texas is ?No veil-piercing,? which preserves the separation of the corporate entity and individual owners. Only when corporations are used as alter-egos or shams for fraudulent activities is veil-piercing feasible.
Alter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. The court applies this rule to ignore the corporate status of a group of stockholders, officers, and directors of a corporation with respect to their limited liability.
Establishing common assets or conduct between the two companies will strengthen any liability under the doctrine of alter ego. Where you can demonstrate that the same facility is used, same bank accounts, or that business operations are one and the same, you are likely to bolster a claim of alter ego.
To make a claim for alter ego under California law, a litigator would have to prove two key elements: Unity of Interests. The shareholders in question have treated the corporation as their ?alter ego,? rather than as a separate entity; and. Inequitable Result.
The alter ego doctrine allows a court to disregard a corporate entity (including LLCs) and hold the individual owners liable for the actions of the entity.
Parina Katyal. The Madras High Court has ruled that non-signatories to arbitration agreement can be referred to arbitration by invoking the 'doctrine of alter ego' only in exceptional cases where there is convincing evidence that the non-signatory is the 'alter ego' of the signatory.
Alter ego refers not to a cause of action, but generally to a liability doctrine where an owner of a company can be held responsible for certain debts of the company. In 1986, the Texas Supreme Court held in Castleberry v.