Remedying the abuse of organisational forms: Trusts and companies considered

Remedying the abuse of organisational forms: Trusts and companies considered

Both the trust and the company are organisational forms distinguished bytheir ability to facilitate affirmative asset partitioning. However, this feature isvulnerable to abuse by those whose purpose is to defeat creditor rights. Thisarticle considers recent developments in judicial doctrines aimed a...

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Bibliographic Details
Main Author: LEE, Pey Woan
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2019
Subjects:
Asset partitioning
Sham Trusts
Illusory Trusts
Veil-piercing
Concealment
Evasion
Abuse of Corporate Form
Abuse of Trusts
Estates and Trusts
Online Access:https://ink.library.smu.edu.sg/sol_research/2998
https://ink.library.smu.edu.sg/context/sol_research/article/4956/viewcontent/Lee_PW___Abuse_of_Organisational_Forms__7_Oct_2019_clean__.pdf
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Institution: Singapore Management University
Language: English
Description
Summary:Both the trust and the company are organisational forms distinguished bytheir ability to facilitate affirmative asset partitioning. However, this feature isvulnerable to abuse by those whose purpose is to defeat creditor rights. Thisarticle considers recent developments in judicial doctrines aimed atcountering such abuse and the extent to which they are explicable by, orcoherent, with economic analyses drawn from the work of Hansmann andKraakma.

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