Part VI The Law of Property, 33 Corporations
Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara WalkerEdited By: Paul Torremans, James J. Fawcett
- Choice of law clauses — Applicable law — National choice of law — Law of the country of domicile
This chapter examines the legal system governing corporations in relation to private international law. It begins with a discussion of the domicile of a corporation, which is sometimes used as a connecting factor for corporations in private international law, even if the concept of domicile applies primarily to natural persons. An example of a statute that uses the concept of domicile for corporations is the Income and Corporation Taxes Act 1988. Whereas every natural person gets a domicile of origin upon birth, a corporation's domicile is linked to its incorporation. A corporation is therefore domiciled in the country under whose law it was incorporated. The chapter also considers jurisdictional issues relating to a corporation's residence, status and capacity, internal management, and winding up.