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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 3Question 13
    Hard2 marksMultiple Choice
    Syllabus D: The formation and constitution of business organisationsSection ACorporate and Business Law

    ACCA · Question 13 · Syllabus D: The formation and constitution of business organisations

    The courts will generally uphold the principle of separate corporate personality. However, the 'corporate veil' may be pierced in certain exceptional circumstances. In which of the following situations is the court most likely to pierce the veil?

    Answer options:

    A.

    Where a company is a wholly-owned subsidiary of another company.

    B.

    Where the company was formed specifically to evade an existing legal obligation.

    C.

    Where the company is experiencing temporary cash flow insolvency.

    D.

    Where a director holds the majority of the voting shares.

    How to approach this question

    Identify the specific legal exception to the Salomon principle regarding the evasion of liabilities.

    Full Answer

    B.Where the company was formed specifically to evade an existing legal obligation.✓ Correct
    The principle of separate corporate personality (Salomon v A Salomon & Co Ltd) is strictly upheld. The Supreme Court in Prest v Petrodel clarified that the veil may only be pierced under the 'evasion principle'—when a company is used to evade an existing legal obligation of its controller (e.g., Gilford Motor Co Ltd v Horne).

    Common mistakes

    Believing the veil can be pierced simply in the interests of justice or because a parent company controls a subsidiary.
    Question 12All questionsQuestion 14

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