Liability of Holding Companies

28/04/2016

While the principle of limited liability has been the central tenet of company law since it was adopted, the emergence of corporate group structures has lead legislators and judges in many jurisdictions to develop legal principles and rules aimed at dealing with the concept of who may be held legally responsible for the liabilities of companies within corporate groups.

In particular, there is increasing regulation and law which can make the ultimate holding company liable, irrespective of the group structure. How the holding company can be lawfully ring-fenced is a constant source of concern and analysis.

In this context, the CMS Corporate / M&A publication “Liability of Holding Companies” is an excellent piece of know-how to help clients assess whether and under which circumstances a holding company may be held liable for the behaviour of an affiliate. The Publication sets out a summary of the basic principles pertaining to liability within corporate groups as applied in 17 of the CMS European jurisdictions.

For more information, contact Pietro Cavasole.

Publication
CMS-Guide-Liability-Holding-Companies
Download
PDF 2.3 MB

Authors

Picture of Pietro Cavasola
Pietro Cavasola
Partner
Picture of Peter Huber
Peter Huber
Managing Partner
Picture of Carl Leermakers
Carl Leermakers
Partner
Picture of Mirko Daidone
Mirko Daidone
Partner
Picture of Atanas Bangachev
Atanas Bangachev
Partner
Picture of Helen Rodwell
Helen Rodwell
Managing Partner
Picture of Patrik Przyhoda
Patrik Przyhoda
Partner
Picture of Jacques Isnard
Jacques Isnard
Partner
Dr. Thomas Meyding
Partner
Dr. Alexandra Schluck-Amend
Partner
Picture of Aniko Kircsi
Anikó Kircsi
Partner
Picture of Peter Toth
Péter Tóth
Senior Associate
Picture of Rosida Carpagnano
Rosida Carpagnano
Counsel
Horea Popescu
Horea Popescu
Partner
Picture of Cristina Coto
Cristina Coto
Partner
Picture of Stefan Brunnschweiler
Stefan Brunnschweiler, LL.M.
Partner
Photo of Max Albers
Dr Max Albers, LL.M.
Partner
Picture of Martin Mendelssohn
Martin Mendelssohn
Partner
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