Publication Type
Journal Article
Version
submittedVersion
Publication Date
11-2019
Abstract
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.
Keywords
Asset partitioning, Sham Trusts, Illusory Trusts, Veil-piercing, Concealment, Evasion, Abuse of Corporate Form, Abuse of Trusts
Discipline
Estates and Trusts
Research Areas
Private Law
Publication
Journal of Equity
Volume
13
First Page
211
Last Page
236
ISSN
1833-2137
Publisher
LexisNexis
Citation
LEE, Pey Woan.
Remedying the abuse of organisational forms: Trusts and companies considered. (2019). Journal of Equity. 13, 211-236.
Available at: https://ink.library.smu.edu.sg/sol_research/2998
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.