BUSINESS LAW ( REPORT ) Essay Example | Topics and Well Written Essays - 1500 words

BUSINESS LAW ( REPORT ) - Essay ExampleEven in America itself, it is non attainable for a company to function with a unique law in to different states. In other words, companies need to function with respect to the laws prevailing in the location where they operate.Separate legal personality and limited liability are two common terms associated with company law. Wiss (2010) describes separate legal personality as an incorporated company, united or combined into an organised body having rights and liabilities. In her opinion a company is a fictitious person who flush toilet sneak in into contracts, own property and even commit crimes. At the same time when a private company limited by shares, the creditors deal with the company, not with the individuals and it can be termed as a limited liability company. In such cases, if the company become bankrupt, the creditors or the investors do not get paid disregarding of the personal financial capabilities of its memebrs (Wiss 2010). Sep arate legal personality and limited liability are two advantages of corporate status. But under certain circumstances these advantages allow for become invalid and this paper briefly explains such circumstances in which separate legal personality and limited liability will become invalid.It is not possible for a company to take undue advantages in the name of limited liability or separate legal personality. Corporate law has in general identified seven instances in which the corporate veil (law that protect the members or founders of a company in case a problem arises) can be lifted fraud, agency, trust, group enterprise, tort enemy character, tax (Sadhu, n. d)Richard Wachman (2005) has mentioned that fraud is costing British business 72 billion a year, 6% of the annual taxation of British businesses (Wachman, 2005). The recent corporate scandals involving Enron, WorldCom, Parmalat and Refco, have not taught any lessons to the authorities or the investors. Fraud can attain many f orms some companies may expand their profits, some