RE: RRR: Can one sell an asset that one does not own 100%?1 Apr 2024 19:58
Banbury I disagree, the actual facts impact the legal implication
consider the meaning of the word you used--
definition of defacto is existing in fact, although perhaps not intended, legal, or accepted:
in particular the phrase 'not intended, legal or accepted''
The creditor of RRR coal might try to go after assets not owned by RRR coal but if the actual loan does not provide for such a claim then it would be up to the courts if they were to allow such claims. Each legal entity is treated as separate under the law. The creditor could also make a claims against a variety of others (such as shareholders) but I would be surprised if the law would permit such a claim.