Piercing the corporate veil institutas ir patronuojančios įmonės atsakomybė pagal dukterinės įmonės prievoles Lietuvos teisėje.

Abstract

This paper focuses on the doctrine of piercing of corporate veil which allows establishing liability of a parent company for the acts of its affiliates under Lithuanian law. This doctrine is found in Art. 2.50 sec. 3 of the Lithuanian Civil Code: "Where a legal person fails to perform its obligations due to the acts in bad faith of a member of the legal person, the member of a legal person shall, in a subsidiary manner, be liable by his own property for the obligations of a legal person". This provision is definitely progressive and positive. Moreover, according to a Lithuanian approach, the doctrine of piercing is supposed to be applied in the field of corporate groups - to establish liability of a parent company for the obligations of its subsidiary. In order to pierce the corporate veil, the plaintiff should establish three elements: (i) that the subsidiary failed to per¬form its obligations, (ii) that the parent company acted in bad faith, and (iii) that there was a causal link between the first and second conditions. These conditions and doctrine of piercing of corporate veil should not be conrused with tort liability and its conditions. [...]