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Aspiring Lawyers - Applications & General Advice
General Discussion
Company Law - Challenges of Limited Liability
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<blockquote data-quote="Jaysen" data-source="post: 10761" data-attributes="member: 1"><p>Hmm, that's an interesting one.</p><p></p><p>When we're comparing equity investors and creditors, we're usually doing so in the context of your second interpretation, so the benefits of limited liability for shareholders v the the desire for creditors to be paid what they are owed.</p><p></p><p>I'm not entirely sure what challenges limited liability presents for equity investors though? Unless we're talking about your first interpretation (situations when limited liability may not apply due to personal guarantees and where the corporate veil is lifted).</p><p></p><p>In that case, they could both apply? The challenge for shareholders if they risk losing the protection of limited liability and the challenge for creditors due to limited liability.</p></blockquote><p></p>
[QUOTE="Jaysen, post: 10761, member: 1"] Hmm, that's an interesting one. When we're comparing equity investors and creditors, we're usually doing so in the context of your second interpretation, so the benefits of limited liability for shareholders v the the desire for creditors to be paid what they are owed. I'm not entirely sure what challenges limited liability presents for equity investors though? Unless we're talking about your first interpretation (situations when limited liability may not apply due to personal guarantees and where the corporate veil is lifted). In that case, they could both apply? The challenge for shareholders if they risk losing the protection of limited liability and the challenge for creditors due to limited liability. [/QUOTE]
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