Advanced · Lesson 3 · 7 min
Alter Ego Theories
Piercing the corporate veil to reach owners — or to add affiliated entities to a judgment.
Overview
Alter ego doctrine is used to disregard the separateness of a business entity and reach an individual owner, or vice versa.
It is fact-intensive and state-specific. Standards usually require a unity of interest and an inequitable result.
Frequently litigated, rarely won without strong facts.
Key Concepts
- • Unity of interest factors
- • Inadequate capitalization
- • Commingling of funds
- • Use of the entity as a 'mere instrumentality'
Examples
Commingling pattern
Owner pays personal expenses from the entity account, never holds meetings, never observes corporate formalities. The fact pattern starts to support an alter ego push.
Common Mistakes
- • Pleading alter ego without the underlying factual record.
- • Assuming alter ego is a remedy of first resort instead of last.
Recommended Resources
- • Alter Ego Factor Checklist
Educational only. Not legal advice. Judgment enforcement varies by state — consult licensed counsel.