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It is a common palace of commercial life today that businesses are conduct not only in the form of a single private or public company, but also in the form of a group of companies consisting of a holding company (which may often be a listed public company) and a number of usually wholly owned subsidiaries and possibly sub-subsidiaries. Nowadays the group from may be employed at quite a small level of private business for tax or other reasons. As with larger groups of companies, different branches of the business or different properties will be located in each subsidiary. It may be convenient for different parts of business to be managed by separate but connected companies. There is in practice a presumption of direction of the wholly-owned subsidiary by its parent company. Because of this direction, the parent company is often fined for the illicit behaviour of the subsidiary. But the presumption of direction can be rebutted and the parent company can deny its liability, proving the independence of the subsidiary. This research work for: To set out some of the arguments and provide links to academic and other material that can shed light on the debate, notably proprietary research that examines the holding companies liability to subsidiary company, from a regulatory and corporate governance perspective under the Companies Act 2006.

Holding Company Liability for Subsidiary Company – A Critical Analysis under UK Companies Act 2006.