Company Law Essay - Challenges of Limited Liability
Hello!
My full essay question is:
“The idea of limited liability presents different challenges for equity investors and company creditors”.
Critically assess the methods English law has developed in dealing with these challenges.
I’m confused as to whether this should be approached from a ‘separate corporate personality’ and ‘lifting of the corporate veil’ perspective (in which case I’m really struggling to find case law relating to equity investors) or if the examiner intends this question to relate more to insolvency law, indemnity, charges, etc. I.E what happens to equity investors and creditors when the company goes bust?
Obviously, these are two very different directions to take the essay.
Any ideas or help clarifying this would be greatly appreciated!
My full essay question is:
“The idea of limited liability presents different challenges for equity investors and company creditors”.
Critically assess the methods English law has developed in dealing with these challenges.
I’m confused as to whether this should be approached from a ‘separate corporate personality’ and ‘lifting of the corporate veil’ perspective (in which case I’m really struggling to find case law relating to equity investors) or if the examiner intends this question to relate more to insolvency law, indemnity, charges, etc. I.E what happens to equity investors and creditors when the company goes bust?
Obviously, these are two very different directions to take the essay.
Any ideas or help clarifying this would be greatly appreciated!
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