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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
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PDF 2 MB

Authors

Portrait of Pietro Cavasola
Pietro Cavasola
Managing Partner
Rome
Portrait of Peter Huber
Peter Huber
Partner
Vienna
Portrait of Carl Leermakers
Carl Leermakers
Partner
Brussels
Portrait of Mirko Daidone
Mirko Daidone
Managing Partner
Tirana
Portrait of Atanas Bangachev
Atanas Bangachev
Partner
Sofia
Portrait of Helen Rodwell
Helen Rodwell
Managing Partner
Prague
Portrait of Patrik Przyhoda
Patrik Przyhoda
Counsel
Prague
Portrait of Alexandra Schluck-Amend
Dr. Alexandra Schluck-Amend
Partner
Stuttgart
Portrait of Anikó Kircsi
Anikó Kircsi
Partner
Budapest
Portrait of Péter Tóth
Péter Tóth
Senior Counsel
Budapest
Portrait of Horea Popescu
Horea Popescu
Managing Partner
Bucharest
Portrait of Stefan Brunnschweiler
Stefan Brunnschweiler, LL.M.
Managing Partner
Zurich
Portrait of Max Albers
Dr Max Albers, LL.M.
Partner
Zurich
Dr. Thomas Meyding
Rosida Carpagnano
Cristina Coto
Martin Mendelssohn
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