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Tuesday, January 26, 2010 10:31:11 AM
"Corporate form should not be used to defeat public convenience, to justify wrong, protect fraud, or defend crime."
Factors to induce courts for piercing the corporate veil -
? Comingling of funds
? Using corporate funds for shareholder's personal use
? Failure to maintain corporate formalities (public filings, sh meeting, these factors alone won't pierce the veil but would add to evidence)
? Use corporation as a mere shell or conduit to operate a single venture or some particular aspect of the business of an individual shareholder
? Absence of separately held corporate assets
? Formation and use of corporation to assume the existing liabilities of another person or entity
? Failure to adequately capitalize the corporation (inadequate insurance, inadequate capitalization)
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