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Trending: Call for Papers Volume 5 | Issue 1: International Journal of Advanced Legal Research [ISSN: 2582-7340]

THE ILLEGALITES OF SHELF AND SHELL COMPANIES: FRAUD UNDER THE CORPORATE VEIL – Sreeranjini M Menon & Rekha Mohan

INTRODUCTION

When a business establishes itself with a personality that has a legal existence independent of or separate from its shareholders, directors, officers, and creators, it is said to have a corporate veil. But even though a corporation’s liability protection is essential, it is not totally total. When a court tries to look behind the surface to uncover the actual nature of the named firm, this particular corporate veil is lifted. The courts are considered to have the ability and authority whenever an incorporated corporation intentionally attempts to evade its legal duties or is being utilized as a means of avoiding coming into contact with the law, to breach the corporate veil, or the firm’s legal identity, and try them in the absence of a company. Holding a parent corporation accountable for its subsidiaries is frequently lifted, eliminating the separation between the owners and the company.

SHELL AND SHELF COMPANIES

The purpose of shell corporations, which are private organizations, is to conceal or safeguard the assets of another company. They usually don’t have any real assets, income, or even employees—they just exist on paper—but they do have investments and bank accounts. Since these businesses may be easily and affordably established into the established, legal financial system and utilized as platforms for capital raising, stock holding, and limited liability trustee functions, they are not intrinsically unlawful. However, shell businesses may be misused for unlawful purposes together with cash laundering or storing unlawful funds, finished in a manner that the final beneficial possession is obscured from the eyes of the regulation or any layman, permitting groups with free get right of entry to clear out cash to offshore accounts.

Shelf businesses on the opposite hand, are organizations which have been used and at the moment are dormant lying-in look ahead to a brand new purchaser. These businesses regularly stay inactive because of loss of trading beneath that particular business. Shelf businesses additionally assist manipulate intangible property or shares. They are generally beneficial to perform over-seas transactions and are a criminal manner of outsourcing paintings to different nations to keep away from tax legal guidelines and try for leniency.