Fulton Georgia Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder
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FAQ
A doctrine whereby the mental state of the directors and officers who control and determine the management of the company can be attributed to the company, such as to render the company (and not ordinarily the directors and officers) liable in law in respect of the actions undertaken by its human controllers.
The doctrine of disregarding the corporate entity because the corporation is the alter ego of others is applicable not only where the corporation is the alter ego of the individuals forming it but also where the corporation is so organized and controlled, and its affairs are so conducted as to make it merely an
There are, nevertheless, two general requirements: (1) that there be a unity of interest and ownership that the separate personalities of the corporation and the individual(s) no longer exists, and (2) that, if the acts are treated as those of the corporation alone, an inequitable result will follow.
N. a corporation, organization or other entity set up to provide a legal shield for the person actually controlling the operation. Proving that such an organization is a cover or alter ego for the real defendant breaks down that protection, but it can be difficult to prove complete control by an individual.
Under the doctrine of "piercing the veil of corporate fiction," the court looks at the corporation as a mere collection of individuals or an aggregation of persons undertaking business as a group, disregarding the separate juridical personality of the corporation unifying the group.
Citing no less an authority than the California Supreme Court, the appellate court concluded, California law does not recognize an alter ego claim or cause of action that will allow a corporation and its shareholders to be treated as alter egos for purposes of all of the corporation's debts. The California Supreme
Nevada encourages business ventures and entrepreneurism by allowing individuals to form corporations as a shield against personal liability. Generally, individuals are considered separate from the corporations they control.
Citing no less an authority than the California Supreme Court, the appellate court concluded, California law does not recognize an alter ego claim or cause of action that will allow a corporation and its shareholders to be treated as alter egos for purposes of all of the corporation's debts. The California Supreme
Definition. Legal doctrine whereby the court finds a corporation lacks a separate identity from an individual or corporate shareholder, resulting in injustice to the corporation's debtors.
5th DCA 2003) states that under Florida law, a court may pierce the corporate veil if a person proves both that the corporation is a mere instrumentality or alter ego of the wrongdoer, and that the wrongdoer engaged in improper conduct in the formation or use of the corporation. Hilton Oil Transp.