WillPS
Established Member
Didn't that Enron example sort of happen though? The big banks involved in the Enron scandal (RBS and Citigroup to name a couple) have in the last couple of years paid hundreds of millions of dollars to the Enron Creditors Recovery corporation (effectively Enron's assetless shell).They are separate limited liability companies that are 100% owned by NEG. Each company files separate accounts which are available from Companies House.
However for the purposes of group accounts (annual reports, etc), parent companies are allowed to consolidate their subsidiary companies as if they were all the same entity, which NX has chosen to do for its separate rail subsidiaries.
It is unequivocally true that NEG has no legal responsibility towards NXEC's creditors, any more than shareholders in Enron had a legal responsibility to throw in extra money after Enron went bust to bail out its creditors. That's what 'limited liability' means and why it exists.
Didn't Connex succumb to this a number of years ago?The question, which I'm not sure has been resolved clearly by anyone, is whether there is a legal clause in the NXEA and C2C franchise agreements under which the franchises are void if NXEA and C2C's parent company owns another franchise that defaults. Adonis seemed to think there is; others seem to think there isn't.