By Rob McQueen
The heritage of incorporations laws and its management is in detail tied to adjustments in social ideals in recognize to the position and goal of the company. by way of learning the evolution of the company shape in Britain and a couple of its colonial possessions, the publication illuminates debates on key innovations together with the meanings of laissez faire, freedom of trade, the inspiration of company accountability and the position of the kingdom within the legislation of industrial. In doing so, the e-book advances our figuring out of the form, effectiveness and deficiencies of recent regulatory regimes.
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Additional resources for A Social History of Company Law
In contrast, commercial legislation which makes the formation of a commercial entity contingent upon acceptance of unlimited liability is considered by such accounts to be ‘pre-modern’ and thus destined to gradual extinction with the inevitable evolution of capitalism. Accounts that present such a dichotomous view of limited and unlimited liability are, however, severely flawed. They fail to note the quite diverse range of alternatives proposed by the participants in the debate around the desirability of introducing some form of limitation of liability for the stakeholders in commercial undertakings in the early and mid nineteenth century.
Dubois proposes that the effect of the Bubble Act was to help ensure the continued importance in England of many of the attributes of the unincorporated joint stock company free from restrictive interventions by government. According to this argument the precipitating factor in the enactment of limited liability companies legislation in mid nineteenth century England was not the desire to provide a legitimate framework within which ‘corporate’ enterprises could operate. Rather the legislation was an ancillary measure, designed to smooth the way for further development of devices such as preference shares and to simplify the position relating to the capacity of corporations to sue and be sued by others.
To so provide would have represented a considerable departure from existing practice, which consisted of giving chartered and statutory companies limited liability, whilst not conceding such a privilege to deed of settlement companies. Another major development during this time was the growing agitation in some quarters for state regulation of companies and the imposition of accounting standards and disclosure requirements on entities which had been conceded the privilege of corporate status. Despite the misgivings of some in respect of corporate entities, euphoria was often associated with the issue of shares in a new canal or railway development in the early nineteenth century, with members of those strata of society which had long been denied an opportunity to invest their savings profitably jostling to have their names placed upon subscription lists.
A Social History of Company Law by Rob McQueen