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Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder

Nassau New York Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder

Name: Nassau New York Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder
Brand: US Legal Forms
Rating: 4.84 (270 reviews)

Category:

Federal - Jury Instructions

State:

Multi-State

County:

Nassau

Control #:

US-11CF-1-9-5-1

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Instant download

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Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

How to fill out Nassau New York Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder?

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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.

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.

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

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

The alter ego concept exists because the law recognizes the separate personality of a corporation as a privilege, not a right. The corporate form must be used for legitimate business purposes; when it is abused, the corporate veil can be pierced and the owners treated as alter egos.

For a corporation or LLC to be ruled merely an alter ego of its owner, courts look at a variety of factors. It should be noted that an entity can be the alter ego of another entity, in cases in which Company A owns and operated Company B.

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.

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.

A court will pierce the corporate veil when it finds that the corporation is an agent of its shareholder, and will hold the principal vicariously liable, due to the respondeat superior doctrine.

Nassau New York Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder

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How to fill out Nassau New York Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder?

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FAQ

What is a corporate alter ego?

What are the elements of alter ego?

Is alter ego a cause of action in California?

Is alter ego a cause of action?

Can a corporation be an alter ego of another corporation?

What is the difference between alter ego and piercing the corporate veil?

Can one corporation be the alter ego of another corporation?

What is the alter ego doctrine?

What is the principle of alter ego?

Can you pierce the corporate veil of a corporation?

Interesting Questions

What is the Nassau Jury Instruction - 1.9.5.1?

What does it mean for a corporation to be an alter ego of a stockholder?

Why is it important to understand the concept of corporation as alter ego of a stockholder in a trial?

What factors might be considered when determining if a corporation is the alter ego of a stockholder?

Can you provide an example to better understand the alter ego concept?

What if there is no evidence of fraudulent or improper behavior in the corporation-stockholder relationship?

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