Question:medium

Which of the following statements most precisely reflects the doctrine of separate legal entity as established under company law?

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Separate legal entity means: \[ \mathrm{Company\ and\ shareholders\ are\ legally\ separate} \]
Updated On: May 30, 2026
  • The company and its shareholders are economically identical, though legally separate only in limited circumstances
  • The company is an artificial person with no independent existence beyond statutory recognition
  • The company possesses an independent legal personality, capable of owning property, incurring liabilities, and suing or being sued in its own name, distinct from its members
  • The company merely acts as an agent of its shareholders, who retain ultimate legal ownership of all assets and liabilities
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The Correct Option is C

Solution and Explanation

Step 1: Understanding the Concept:
The doctrine of Separate Legal Entity is a fundamental principle of Corporate Law, famously established in the case of {Salomon v. A. Salomon & Co. Ltd. (1897)}.
Step 2: Detailed Explanation:
This doctrine states that a company is a legal person separate and distinct from its shareholders, directors, and members.
Implications include:
1. Property: The company owns the assets; the shareholders only own shares.
2. Liability: Debts of the company are not the personal debts of the members (Limited Liability).
3. Legal Action: The company can sue others and be sued in its own name.
4. Perpetual Succession: The company continues to exist even if members change or die.
Step 3: Final Answer:
Statement (C) provides the most comprehensive and accurate definition of this legal status.
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