The Rise and Fall of the Chartered Corporation: A Historical Analysis

The Development of the Charter up to 1500, the Rise of the Chartered Corporation post 1500, the Decline and Fall of the Charter as a Method of Incorporation in the 19th Century and the Potential for a Resurgence in the 21st Century.

Abstract

Despite the increasing impact and pervasiveness of companies’ law in the United Kingdom, little research has been undertaken to examine its development in the pre-registration, incorporation by charter period (pre-1844) and the ‘revolution’ of routine Companies Acts ending the charter monopoly. This work attempts to examine closely the development of the chartered body from its first inception in pre-Norman times through its commercial expansion in the 16th – early 19th Centuries culminating in its de jure death in 1844 with the rise of the registered corporation. In order to achieve this, both contemporary and modern evidence and commentary has been analysed, and a ‘timeline’ of developments created. Having presented, discussed and evaluated the evidence, the work concludes by discussing the possibilities for a chartered form of incorporation for commercial going concerns in the 21st Century and beyond.