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Case Study : Royal Stuff Ltd

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This scenario is a case of company law. I will be advising Will and Kate as to the legal possibilities in regards to the different facts in this case.

Royal Stuff Ltd. Is a holding company which is defined as a company created to buy and own the shares of other companies which it then controls , while, Royal Productions Ltd. is a subsidiary company which is a company that is wholly or partly owned by another company that has controlling interest in it .
These two businesses are companies and in a company, the liability of the owners of the company for the debts of the company is limited. In Salomon v. Salomon Ltd. the House of Lords held that Mr. Salomon was entitled to the assets because he had a secured debt and therefore the …show more content…

In Judicial exceptions, the court mainly lifts the veil for situations involving fraud such as in Gilford Motor Company Ltd. v Horne where the court held that in cases of fraud, the corporate veil would be lifted and the owners made responsible . This scenario doesn’t give any indications for fraud on the part of Royal Stuff Ltd. or Royal Productions Ltd. Another instance where the court lifts the corporate veil is involving group situations. This is when the parent company and a subsidiary are treated as one entity if they carry on the same business . A legal scholar named Clive Schmitthoff stated “ in regards to liability, the parent company should be liable for the debts of wholly owned and controlled subsidiaries if it employed these dependent companies as agents and it should be rebuttably presumed that it used these subsidiaries in that manner.” If the court holds this view then they could hold Royal Stuff Ltd. liable for the failings of Royal Productions Ltd. A case where the court held a similar view was in Smith Stone and Knight Ltd. v. Birmingham Corporation, the court treated the subsidiary company as an agent of its holding company, stating it carried out the business on behalf of the holding company and hence, the corporate veil was lifted . If Royal Stuff Ltd. and Royal Productions Ltd. are

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