3 ms·
Re-read what the WeWork CEO did. It was not commingling of funds, it was what would loosely be termed as double dipping. One of his corporations, doing business
by bilbo0s 8y ago
Re-read what the WeWork CEO did. It was not commingling of funds, it was what would loosely be termed as double dipping. One of his corporations, doing business with another. ie - each of his corporations making independent decisions, via the mechanisms not wholly dependent on himself, about what to do with money in their own accounts. Not money in his accounts. It happens a lot nowadays precisely because it is legal. Usually in parts of the business that deal with real estate, like we see here, or another one is benefits. For instance, you get a basket of funds to choose from for your 401k, but some of them are funds run by "Bigshot Investor X", who also happens to be an investor in the company at which you're working. If you tried to go after corporations or individuals for these kinds of things on the basis of alter ego you would be laughed out of court.
That's why this stuff is legal, because it by definition, is NOT an alter ego situation. My point is that while it is not illegal, it is definitely unethical, and probably should be illegal. Not because of the doctrine of Alter Ego, which is obviously not violated in these sorts of instances. But rather because all of these corporations, while acting independently, are clearly acting in concert to benefit a third party that is NOT the general shareholder class. There is no explicit, sort of generic, law against that right now.
As I said, if your companies are private, do whatever you like in this regard. All of your companies can, and probably should, concert to benefit you and your family. I'm just saying for companies with public investors, that's just not cool.
- stilley2 8y agoI see that does make sense. Thanks for clarifying.