Shareholder Liability News Today

Separate corporate personality is not a loophole or technicality, but is an essential principle of corporate law, the Alberta Court of Appeal recently reiterated in Condominium Corporation No. 0828219 v Carrington Holdings Ltd., 2023 ABCA 222 [Carrington] and Swanby v Tru-Square Homes Ltd, 2023 ABCA 224 [Swanby]. Together, Carrington and Swanby highlight the powerful impact of separate corporate personality on shareholder liability for the actions of their corporations.

It has long been understood that deposit guarantees and too-big-to-fail (TBTF) policies create a moral-hazard problem—they incentivize banks to take on too much risk by shielding depositors and shareholders from losses in excess of equity (“left-tail” outcomes)—in American banking.1 Congress passed the Federal Deposit Insurance Corporation Improvement Act (FDICIA) in 1991 to mitigate the moral-hazard problem by restricting forbearance and implicit subsidies for undercapitalized banks.

The National Information Security Standardization Technical Committee released the draft national standard Information security technology —Security requirements of vehicle collected data Oct. 19, 2021, soliciting public opinions through Dec. 18, 2021.