Salomon v. A Salomon & Co Ltd [1897]

[1897] AC 22 · House of Lords · United Kingdom

Summary

Foundational corporate personality case.

Facts

A sole trader incorporated a company and became a secured creditor of it.

Issue

Was the company a separate legal person from its shareholder?

Held

Yes. Properly incorporated companies have separate legal personality.

Ratio Decidendi

A corporation is a separate legal person from its shareholders.

Reasoning

The Companies Act requirements were met, so the corporate form had legal effect.

Significance

Foundational corporate personality case.

Related Cases

No related cases listed.

Exam Tips

Review the ratio and reasoning before applying this case in problem questions.

Sources