Question
Mohammed had carried on successful business as a garment manufacturer for many years. In 2014 he formed a corporation in which he held almost all
Mohammed had carried on successful business as a garment manufacturer for many years. In 2014 he formed a corporation in which he held almost all the shares . He then sold his business to the corporation. Soon afterwards, a down turn in the garment industry caused by loss of government contracts and a series of strikes drove the corporation to insolvency and a trustee was appointed to wind it up. The trustee claimed that the corporation was merely a sham, that Mohammed was the actual owner and he should pay off all the debts owed by corporation.
- Analyze the claim made by the trustee. Do you think it is a valid claim?
- Analyze whether any type of fraud or intention to deceive has taken place in this case
- Examine whether the corporation was properly created and do you believe that it should be responsible for its own debts.
- Examine whether the concept of piercing the veil is applicable in this case or not.
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The Trustees claim seems to be genuine due to folowing reasons i Mohammad owned all the shares in th...Get Instant Access to Expert-Tailored Solutions
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