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International Journal of
Law, Policy and Social Review
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VOL. 4, ISSUE 2 (2022)
The emerging theory of reverse piercing of corporate veil: Its implication and impact
Authors
Monalisa Chandra
Abstract
A company has its own separate legal identity which is quite different and distinct from its members i.e. Directors, shareholders, etc. It is the stepping stone of any kind of corporate governance. There could be arising of various legal or financial issues that cannot be handled individually i.e. in case of limited liability of any individual a corporate body is required to be in existence. It is because whenever there is an abuse of limited liability of any individual within the corporate entity there is always a hidden selfish motive or goal involved. So to find out the real character behind this selfish motive the "doctrine of corporate veil" comes into existence. It is a common immunity or shield that has been provided to a corporate entity which protects it from such selfish natural entities within the corporation. This concept is widely used and accepted. But the separate entity is a corporate rule and its veil must not be usually lifted, rather it must be generally lifted to find out the culprit. It is reinforced by Legal Authorities, practitioners, and jurists. This concept is called "lifting of the corporate veil". Generally, lifting of the veil is a one-way process and is very common in India as well as abroad since the probability of various conditions. But sometimes the veil of corporation needed to be reviewed and reversed under special conditions. Such a reversal of piercing is called "Reverse piercing of corporate veil". It is an exact opposite of the forward piercing of the veil. Just like general piercing of the veil, reverse piercing has its values, ethics, importance and process of implementation. In this project, the author will discuss the reverse piercing concept and its limitations and approach in Indian Scenario. It is a new concept and is unemployed in India judicial system and being rejected by the Indian Judiciary.
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Pages:32-38
How to cite this article:
Monalisa Chandra "The emerging theory of reverse piercing of corporate veil: Its implication and impact". International Journal of Law, Policy and Social Review, Vol 4, Issue 2, 2022, Pages 32-38
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