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The development of English company law before 1900

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  • Turner, John D.

Abstract

This article outlines the development of English company law in the four centuries before 1900. The main focus is on the evolution of the corporate form and the five key legal characteristics of the corporation - separate legal personality, limited liability, transferable joint stock, delegated management, and investor ownership. The article outlines how these features developed in guilds, regulated companies, and the great mercantilist and moneyed companies. I then move on to examine the State's control of incorporation and the attempts by the founders and lawyers of unincorporated business enterprises to craft the legal characteristics of the corporation. Finally, the article analyses the forces behind the liberalisation of incorporation law in the middle of the nineteenth century.

Suggested Citation

  • Turner, John D., 2017. "The development of English company law before 1900," QUCEH Working Paper Series 2017-01, Queen's University Belfast, Queen's University Centre for Economic History.
    • Handle: RePEc:zbw:qucehw:201701
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    References listed on IDEAS

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    1. Andrei Shleifer & Florencio Lopez-de-Silanes & Rafael La Porta, 2008. "The Economic Consequences of Legal Origins," Journal of Economic Literature, American Economic Association, vol. 46(2), pages 285-332, June.
    2. Giusti, G. & Noussair, C.N. & Voth, H-J., 2013. "Recreating the South Sea Bubble : Lessons from an Experiment in Financial History," Other publications TiSEM dd894e7e-521a-4092-94b0-0, Tilburg University, School of Economics and Management.
    3. Frehen, Rik G.P. & Goetzmann, William N. & Geert Rouwenhorst, K., 2013. "New evidence on the first financial bubble," Journal of Financial Economics, Elsevier, vol. 108(3), pages 585-607.
    4. Acheson, Graeme G. & Campbell, Gareth & Turner, John D., 2016. "Common law and the origin of shareholder protection," QUCEH Working Paper Series 2016-04, Queen's University Belfast, Queen's University Centre for Economic History.
    5. Graeme G. Acheson & Gareth Campbell & John D. Turner & Nadia Vanteeva, 2015. "Corporate ownership and control in Victorian Britain," Economic History Review, Economic History Society, vol. 68(3), pages 911-936, August.
    6. Cheffins, Brian R, 2001. "Does Law Matter? The Separation of Ownership and Control in the United Kingdom," The Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 459-484, Part I Ju.
    7. Turner,John D., 2014. "Banking in Crisis," Cambridge Books, Cambridge University Press, number 9781107609860, January.
    8. Carr, Jack L & Mathewson, G Frank, 1988. "Unlimited Liability as a Barrier to Entry," Journal of Political Economy, University of Chicago Press, vol. 96(4), pages 766-784, August.
    9. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1998. "Law and Finance," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1113-1155, December.
    10. Brian R. Cheffins & Dmitri K. Koustas & David Chambers, 2013. "Ownership dispersion and the London Stock Exchange's 'two-thirds rule': an empirical test," Business History, Taylor & Francis Journals, vol. 55(4), pages 670-693, June.
    11. James Foreman-Peck & Leslie Hannah, 2012. "Extreme divorce: the managerial revolution in UK companies before 1914-super-1," Economic History Review, Economic History Society, vol. 65(4), pages 1217-1238, November.
    12. Winton, Andrew, 1993. "Limitation of Liability and the Ownership Structure of the Firm," Journal of Finance, American Finance Association, vol. 48(2), pages 487-512, June.
    13. Rafael La Porta & Florencio Lopez‐De‐Silanes & Andrei Shleifer, 1999. "Corporate Ownership Around the World," Journal of Finance, American Finance Association, vol. 54(2), pages 471-517, April.
    14. Julian Franks & Colin Mayer & Stefano Rossi, 2009. "Ownership: Evolution and Regulation," Review of Financial Studies, Society for Financial Studies, vol. 22(10), pages 4009-4056, October.
    15. Aldo Musacchio & John D. Turner, 2013. "Does the law and finance hypothesis pass the test of history?," Business History, Taylor & Francis Journals, vol. 55(4), pages 524-542, June.
    16. North, Douglass C. & Weingast, Barry R., 1989. "Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England," The Journal of Economic History, Cambridge University Press, vol. 49(4), pages 803-832, December.
    17. Graeme Acheson & Charles Hickson & John Turner, 2011. "Organisational flexibility and governance in a civil-law regime: Scottish partnership banks during the Industrial Revolution," Business History, Taylor & Francis Journals, vol. 53(4), pages 505-529.
    18. Acheson, Graeme G. & Hickson, Charles R. & Turner, John D. & Ye, Qing, 2009. "Rule Britannia! British Stock Market Returns, 1825-1870," The Journal of Economic History, Cambridge University Press, vol. 69(4), pages 1107-1137, December.
    19. Anderson, Gary M. & Tollison, Robert D., 1983. "The myth of the corporation as a creation of the state," International Review of Law and Economics, Elsevier, vol. 3(2), pages 107-120, December.
    20. James Foreman-Peck & Leslie Hannah, 2015. "UK Corporate Law and Corporate Governance before 1914: a Re-interpretation," Working Papers 0072, European Historical Economics Society (EHES).
    21. Baskin,Jonathan Barron & Miranti, Jr,Paul J., 1997. "A History of Corporate Finance," Cambridge Books, Cambridge University Press, number 9780521555142.
    22. Lamoreaux, Naomi R, 1998. "Partnerships, Corporations, and the Theory of the Firm," American Economic Review, American Economic Association, vol. 88(2), pages 66-71, May.
    23. Luboš Pástor & Pietro Veronesi, 2009. "Technological Revolutions and Stock Prices," American Economic Review, American Economic Association, vol. 99(4), pages 1451-1483, September.
    24. Carlos, Ann M. & Nicholas, Stephen, 1990. "Agency Problems in Early Chartered Companies: The Case of the Hudson’s Bay Company," The Journal of Economic History, Cambridge University Press, vol. 50(4), pages 853-875, December.
    25. Gareth Campbell & John D. Turner, 2011. "Substitutes for legal protection: corporate governance and dividends in Victorian Britain," Economic History Review, Economic History Society, vol. 64(2), pages 571-597, May.
    26. Graeme G. Acheson & Charles R. Hickson & John D. Turner & Qing Ye, 2008. "Rule Britannia!: British Stock Market Returns, 1825-1870," Working Papers 8023, Economic History Society.
    27. Lindert, Peter H, 1986. "Unequal English Wealth since 1670," Journal of Political Economy, University of Chicago Press, vol. 94(6), pages 1127-1162, December.
    28. Harris, Ron, 2012. "Shareholder Democracies? Corporate Governance in Britain and Ireland Before 1850. By Mark Freeman, Robin Pearson, and James Taylor. Chicago: University of Chicago Press, 2012. Pp. xiv, 389. $65.00, ha," The Journal of Economic History, Cambridge University Press, vol. 72(4), pages 1102-1104, December.
    29. Ann M. Carlos & Jamie Brown Kruse, 1996. "The decline of the Royal African Company: fringe firms and the role of the charter," Economic History Review, Economic History Society, vol. 49(2), pages 291-313, May.
    30. Foreman-Peck, James & Hannah, Leslie, 2011. "Extreme Divorce: the Managerial Revolution in UK Companies before 1914," Cardiff Economics Working Papers E2011/21, Cardiff University, Cardiff Business School, Economics Section.
    31. Grossman, Richard S., 2002. "New Indices Of British Equity Prices, 1870–1913," The Journal of Economic History, Cambridge University Press, vol. 62(1), pages 121-146, March.
    32. Graeme G. Acheson & John D. Turner & Qing Ye, 2012. "The character and denomination of shares in the Victorian equity market," Economic History Review, Economic History Society, vol. 65(3), pages 862-886, August.
    33. Acheson, Graeme G. & Turner, John D., 2008. "The death blow to unlimited liability in Victorian Britain: The City of Glasgow failure," Explorations in Economic History, Elsevier, vol. 45(3), pages 235-253, July.
    Full references (including those not matched with items on IDEAS)

    Citations

    Blog mentions

    As found by EconAcademics.org, the blog aggregator for Economics research:
    1. Contingencies of Company Law: On the Corporate Form and English Company Law, 1500-1900
      by bbatiz in NEP-HIS blog on 2017-06-01 08:02:38
    2. Contingencies of Company Law: On the Corporate Form and English Company Law, 1500-1900
      by andrewdsmith in The Past Speaks on 2017-06-19 17:43:22

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    More about this item

    Keywords

    Bubble Act; Company; Corporate Law; Legal Personality; Limited Liability; Transferable Shares; Unincorporated Company;
    All these keywords.

    JEL classification:

    • G10 - Financial Economics - - General Financial Markets - - - General (includes Measurement and Data)
    • G18 - Financial Economics - - General Financial Markets - - - Government Policy and Regulation
    • G30 - Financial Economics - - Corporate Finance and Governance - - - General
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • N23 - Economic History - - Financial Markets and Institutions - - - Europe: Pre-1913

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