Lex Pundit
BusinessSettled

Separate corporate personality

A corporation is a legal person distinct from its shareholders and directors; its rights, debts and liabilities are its own.

Position current as of July 2026

Current position

On incorporation a company becomes a separate legal person. Shareholders own the company but do not own its assets, and their liability for the company's debts is generally limited to what they paid for their shares.

Courts will disregard the separate personality — “pierce the corporate veil” — only in narrow circumstances, such as where the company is used as a mere instrument to commit a fraud or improper act. Directors, meanwhile, owe their fiduciary duty to the corporation itself.

Governing authority
Salomon v A Salomon & Co Ltd
[1897] AC 22 (HL)

Salomon is the origin of separate personality and limited liability, still the starting point of corporate law.

Key cases
House of Lords
Salomon v A Salomon & Co Ltd
[1897] AC 22 (HL) · Nov 16, 1896

The House of Lords held that a properly incorporated company is a legal person separate from its shareholders, so the company's debts are its own. The foundation of separate corporate personality and limited liability.

Supreme Court of Canada
BCE Inc v 1976 Debentureholders
2008 SCC 69 · Dec 19, 2008

The Court clarified that directors' fiduciary duty runs to the corporation itself, not to any single group of stakeholders. In acting in the best interests of the corporation, directors may weigh the interests of shareholders, creditors, employees and others.

How the law evolved
1897
Salomon v SalomonOrigin
[1897] AC 22
A validly incorporated company is separate from its members; its debts are its own.
2008
BCE Inc
2008 SCC 69
Directors' fiduciary duty runs to the corporation, not to any one group of stakeholders.
Today
Veil rarely pierced
Separate personality holds except in narrow cases of fraud or improper use.