"Piercing the corporate veil"
Questions:
1) Briefly discuss the different types of corporations and how they are formed.
2) What is a close corporation, a S corporation, a non-profit corporation?
3) What does the term "piercing the corporate veil" mean?
Sample Solution
In 2014, a Massachusetts appeals court found a sole member (owner) of a limited liability company (LLC) personally liable for damages in a breach of contract lawsuit. The appeals court summary stated that the corporate records were not kept and that the corporate veil was pierced. “Piercing the corporate veil” refers to a situation in which courts put aside limited liability and hold a corporation`s shareholders or directors personally liable for the corporation`s actions or debts. Veil piercing is most common in close corporations. While the law varies by state, generally courts have a strong presumption against piercing the corporate veil, and will only do so if there has been a serious misconduct.
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