2 research outputs found
Insulation from Liability through Subsidiary Corporations
While the desire for limited liability has played its part in
increasing the use of the corporate device among the smaller industrial
units, it alone is not responsible for such extensive use
of the corporation arpong the larger industrial units. A primary
factor there has been absentee ownership, attendant on the wide
distribution of securities. The corporate device has lent itself
peculiarly well to the public marketing of securities and to the
evolution of a management structure in which the so-called
owners play insignificant roles. The factor of limited liability
has not been unimportant. It merely has not been paramount.,
The same can be said for the evolution that has taken place
within the business units using the corporate form. Recent
years especially have seen an increasing use of the subsidiaryparent
structure. The farthest point along this line of evolution
has been reached in the public utility field. But other businesses
have adopted it and used it extensively. The reasons for the
use of this structure are manifold. The increased facility in
financing; the desire to escape the difficulty, if not the impossibility,
of qualifying the parent company as a foreign corporation
in a particular state; the avoidance of complicatinn.- involved
in the purchase of physical assets: the raention of the
good will of an established business unit; the avoidance of taxation;
the avoidance of cumbersome management structures; the
deb.. for limited liability, are among the primary motives.
The desire for limited liability has been merely one among many
factors. And at times it has appeared to recede