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5 - Company fraud: promotion

Published online by Cambridge University Press:  08 December 2009

George Robb
Affiliation:
St Bonaventure University, New York
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Summary

The greatest opportunities for white-collar crime probably occurred during the promotion of new companies. British company law was the most permissive in all of Europe and gave promoters great latitude in their operations. The ease with which a limited, joint-stock company could be created was remarkable. Seven persons had only to take up one share each in a concern to achieve incorporation. They might have no real stake in the company, but they could sell its shares to the public, have themselves or their friends appointed directors, and trade on the firm's capital in the most reckless manner with no personal liability beyond their own small shareholding. In 1867, only ten years after the liberalization of company law, Parliamentary hearings were held to inquire into the alarming incidence of company fraud. Many witnesses complained that promoters were taking advantage of the law's leniency. The company promoter David Chadwick admitted “there are radical defects in the Act [Companies Act, 1862], and that too great facility is afforded to the promoters of companies who wish to palm off something unsound on the public.” The Master of the Rolls, Lord Romilly, was more blunt:

In a great many cases which have come before me, I am satisfied that the company was formed for the purpose of being wound up, and that the original promoters had no other object than just to put a company on foot which they were satisfied could never be carried into any profitable execution, for the mere purpose of afterwards winding it up in the Court of Chancery.[...]

Type
Chapter
Information
White-Collar Crime in Modern England
Financial Fraud and Business Morality, 1845–1929
, pp. 94 - 124
Publisher: Cambridge University Press
Print publication year: 1992

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  • Company fraud: promotion
  • George Robb, St Bonaventure University, New York
  • Book: White-Collar Crime in Modern England
  • Online publication: 08 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522789.006
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  • Company fraud: promotion
  • George Robb, St Bonaventure University, New York
  • Book: White-Collar Crime in Modern England
  • Online publication: 08 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522789.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Company fraud: promotion
  • George Robb, St Bonaventure University, New York
  • Book: White-Collar Crime in Modern England
  • Online publication: 08 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522789.006
Available formats
×