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EMBA - OT “GLOBAL LEGAL FRAMEWORK & STRATEGIES”

INDIVIDUAL PAPER “ ENRON CASE”

Name : Suharto NIM : 13262051
“ Analyze Enron’s Case as PTCV according to the 5 Theory in and Relation to Act no 40/2007”

Executive Summary Piercing the corporate veil is the judicial act of imposing personal liability on otherwise immune corporate officers, directors, and shareholders for the corporation’s wrongful act (Black Law Dictionary). In other words, courts may pierce the "veil" that the law uses to divide the corporation (and its liabilities and assets) from the people behind the corporation. The veil creates a separate, legally recognized corporate entity and shields the people behind the corporation from personal liability. In Enron Case , mulltiple corporate governance mechanisms, both internal and external, failed to constrain the actions of Enron's management team: • In particular, Enron's board failed to oversee management and apparently did not understand the risks inherent in the firm's business strategy. • It also appears that several board members and the external auditor faced potential conflicts of interest that attenuated their role as monitors. • Further, the board, analysts (credit and equity), external auditors, and federal agencies failed to identify problems at Enron or did not respond to obvious signs that there were problems at the firm. • Finally, Enron's role as a dominant player in nascent and inefficient markets, afforded the firm's management the opportunity to manipulate prices, asset values, and thus the firm's financial position

Table of Content
Executive Summary (1 Page) I. Background Of Enron’s Case (2 Pages) II. 5 Theory of Piercing The Corporate Veil (4 pages) III.Conclusions (1 Pages) Reference Appendix

I. Background Of Enron’s Case Enron Corporation was an American energy, commodities, and services company based in Houston, Texas. Enron's

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