The Doctrine of Separate Legal Personality under Nigerian Corporate law

separate entity concept is a universal legal concept, which proposes that an incorporated company is, as a matter of law a separate legal entity distinct from the individual(s) who are its shareholders and directors and are in control of its operations. The business, debts and other obligations of the company is the company’s business and not the shareholders‟ or directors‟ as the case may be. This concept is a common law concept. To begin with, we have to look at the House of Lords decision in the case of Salomon v. A Salomon. This case is a locus classicus case which established the principle of separate legal personality of companies. This is to say that a company once incorporated becomes a legal person, separate from its members and shareholders. This goes to say that the members or anybody acting on behalf of the company will not be held liable for any act or omission which arises while acting for the company. In the case above mentioned, Mr. Salomon was a successful leather merchant and boot manufacturer. He arranged for a limited liability company to be formed in compliance with the Companies Act 1862. That Act allowed any seven or more persons associated for any lawful purpose to form an incorporated company with or without limited liability...get the full post at http://www.infodailies.com/the-doctrine-of-separate-legal-personality-under-nigerian-corporate-law/