揭开公司面纱.ppt

TEAM 啊呆 Issue Piercing the Corporate Veil Disregard of corporate personality Disregard of corporation 揭开公司面纱制度 又称“公司人格否认”、“公司法人资格否认”、“股东有限责任待遇之例外”、“股东直索责任” 。 Definition So-called corporate veil, the company as a legal entity , has a responsibility to its legal acts and debt Independently for all of its capital contribution .The shareholders of the company have limited liability for the amount of their own contribution .Companies and their shareholders have an independent personality, when the company assets insufficient to pay its debts, the law can not requires shareholders to assume responsibility through this layer of the veil. pierce the corporate veil refers to a separate legal personality and limited liability of shareholders is being abused, hurt the interests of creditors as well as social welfare, in order to ensure social equity, transaction security, and effective relief for victims, we should uncover the veil of corporate, letting the shareholders who hiding behind the corporate veil to bear corresponding legal liability. 相关定义 所谓公司面纱，即公司作为法人必须以其全部出资独立地对其法律行为和债务承担责任，公司的股东以其出资额为限对公司承担有限责任。公司与其股东具有相互独立的人格，当公司资产不足偿付其债务时，法律不能透过公司这层“面纱”要求股东承担责任。 所谓“刺破公司面纱”，是指如果公司独立的法人资格和股东的有限责任被滥用，而伤害了债权人的利益以及社会公益，为了保证社会公平，交易安全以及实现对受害者的有效救济，就要揭开法人人格面纱，使躲在公司面纱之后的股东承担相应责任。 Related index  The company, as a kind of economic organizations, have their economic activities, participate in litigation, bear all the consequences of the ACTS of the company independently. It can evolved into todays enterprise organization form be used extensively , attributed to his independent legal personality and shareholder limited liability system. Limited liability system is to point to shareholders has a limited liability by their capital contribution to company. It is based on risk or limited liability pr