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Corporate veil-piercing in execution remains an exceptional remedy requiring a nexus between effective control, improper use of corporate structures, and frustration of an existing legal obligation. Where promoter shareholding allegedly represented as security for a foreign arbitral award was depleted despite judicial assurances and restraint orders, a court-supervised forensic audit may examine control, pledges, sales, approvals, disclosures, fund flows, and knowledge of the restraints. Separate legal personality, free transferability of listed securities, and lender rights do not preclude that inquiry, but neither ownership nor common management alone establishes liability. The audit is investigative only; liability against companies, controllers, lenders, or officers requires subsequent determination on legally sufficient evidence.
Corporate veil-piercing in execution remains an exceptional remedy requiring a nexus between effective control, improper use of corporate structures, and frustration of an existing legal obligation. Where promoter shareholding allegedly represented as security for a foreign arbitral award was depleted despite judicial assurances and restraint orders, a court-supervised forensic audit may examine control, pledges, sales, approvals, disclosures, fund flows, and knowledge of the restraints. Separate legal personality, free transferability of listed securities, and lender rights do not preclude that inquiry, but neither ownership nor common management alone establishes liability. The audit is investigative only; liability against companies, controllers, lenders, or officers requires subsequent determination on legally sufficient evidence.
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