Public Companies Act 1767

Last updated

Public Companies Act 1767 [1]
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Citation 7 Geo. 3. c. 48

The Public Companies Act 1767 [1] (7 Geo. 3. c. 48) was an Act of the Parliament of Great Britain that prohibited shareholders voting in public companies, unless they had held shares for six months. It was intended to stop vote splitting, so as to retain greater equality among members of companies.

Contents

Text

An Act for regulating the Proceedings of certain Public Companies and Corporations carrying on Trade or Dealings with Joint Stocks, in respect to the Declaring of Dividends; and for further regulating the Qualification of Members for voting in their respective General Courts.

Whereas by virtue of divers Acts of Parliament, and of Royal Charters founded thereupon, certain publick companies or corporations have been instituted for the purpose of carrying on particular trades or dealings with Joint Stocks; and the Management of the Affairs of such Companies has been vested in their General Courts, composed of the Members at large of such Companies respectively; in which General Courts every Member of each respective Company, possessed of such Share in the Stock of the Company as in and by the said Acts of Parliament and Charters is limited with regard to each of the said Companies respectively, is qualified and intitled to give a Vote or Votes: And wheras of late Years a most unfair and mischievous Practice has been introduced, of splitting large Quantities of Stock, and making separate and temporary conveyances of the parts thereof for the Purpose of multiplying or making occasional Votes immediately before the time of declaring a Dividend, of chusing Directors, or of deciding any other important Question; which practice is subversive of every Principle upon which the Establishment of such General Courts is founded, and if suffered to become general, would leave the permanent Interest of such companies liable at all times to be sacrificed to the partial and interested views of a few, and those perhaps temporary Proprietors: Be it therefore enacted...

... no member of any of the said Publick Companies or Corporations, instituted for the Purpose aforesaid, shall be deemed qualified to vote, or be admitted to give any Vote or Votes, in any General Court of any such Company, in respect of any Stock transferred to him, her or them... until he, she or they, shall have been possess of such Stock six Calendar Months; unless such Stock shall have been acquired or shall have come by Bequest or by Marriage, or by Succession to an Intestate’s Estate, or by the Fustom of the City of London, or by any Deed of Settlement after the Death of any Person who shall have been intitled for Life to the Dividends of such Stock.

See also

Notes

  1. 1 2 The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.

Related Research Articles

<span class="mw-page-title-main">Article One of the United States Constitution</span> Portion of the US Constitution regarding Congress

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.

<span class="mw-page-title-main">Dividend</span> Payment made by a corporation to its shareholders, usually as a distribution of profits

A dividend is a distribution of profits by a corporation to its shareholders. When a corporation earns a profit or surplus, it is able to pay a portion of the profit as a dividend to shareholders. Any amount not distributed is taken to be re-invested in the business. The current year profit as well as the retained earnings of previous years are available for distribution; a corporation is usually prohibited from paying a dividend out of its capital. Distribution to shareholders may be in cash or, if the corporation has a dividend reinvestment plan, the amount can be paid by the issue of further shares or by share repurchase. In some cases, the distribution may be of assets.

A holding company is a company whose primary business is holding a controlling interest in the securities of other companies. A holding company usually does not produce goods or services itself. Its purpose is to own shares of other companies to form a corporate group.

<span class="mw-page-title-main">Joint-stock company</span> Business entity which is owned by shareholders

A joint-stock company is a business entity in which shares of the company's stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their shares. Shareholders are able to transfer their shares to others without any effects to the continued existence of the company.

In many states with political systems derived from the Westminster system, a consolidated fund or consolidated revenue fund is the main bank account of the government. General taxation is taxation paid into the consolidated fund, and general spending is paid out of the consolidated fund.

<span class="mw-page-title-main">Annual general meeting</span> Meeting of the general membership of an organization

An annual general meeting is a meeting of the general membership of an organization.

<span class="mw-page-title-main">Preferred stock</span> Type of stock which may have any combination of features not possessed by common stock

Preferred stock is a component of share capital that may have any combination of features not possessed by common stock, including properties of both an equity and a debt instrument, and is generally considered a hybrid instrument. Preferred stocks are senior to common stock but subordinate to bonds in terms of claim and may have priority over common stock in the payment of dividends and upon liquidation. Terms of the preferred stock are described in the issuing company's articles of association or articles of incorporation.

<span class="mw-page-title-main">Constitution of Malaysia</span> Federal Constitution of Malaysia

The Federal Constitution of Malaysia, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the states of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate ; the executive branch led by the Prime Minister and his Cabinet Ministers and the judicial branch headed by the Federal Court.

<span class="mw-page-title-main">North Carolina General Assembly of 1777</span> Sessions of the first general assembly of North Carolina held in 1777

The North Carolina General Assembly of 1777 met in two sessions in New Bern, North Carolina, from April 7 to May 9, 1777, and from November 15 to December 24, 1777. This was the first North Carolina legislature elected after the last provincial congress wrote the first North Carolina Constitution. This assembly elected Richard Caswell as the state's first constitutional governor.

<span class="mw-page-title-main">Common stock</span> Form of corporate equity ownership

Common stock is a form of corporate equity ownership, a type of security. The terms voting share and ordinary share are also used frequently outside of the United States. They are known as equity shares or ordinary shares in the UK and other Commonwealth realms. This type of share gives the stockholder the right to share in the profits of the company, and to vote on matters of corporate policy and the composition of the members of the board of directors.

<span class="mw-page-title-main">Corporate law</span> Body of law that governs businesses

Corporate law is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corporations, or to the theory of corporations. Corporate law often describes the law relating to matters which derive directly from the life-cycle of a corporation. It thus encompasses the formation, funding, governance, and death of a corporation.

<span class="mw-page-title-main">Parliament of Sierra Leone</span> The legislature of Sierra Leone

Parliament of Sierra Leone is the legislative branch of the government of Sierra Leone. It is principally responsible for making laws. The Sierra Leone parliament consists of 146 members, of which 132 members are directly elected from across Sierra Leone's 16 districts, while 14 are paramount chiefs appointed from the 14 rural districts. The parliament is led by the Speaker of the House; the position is currently held by Abass Bundu of the Sierra Leone People's Party. The current elected 132 ordinary members of parliament are composed of members of the All People's Congress, the Sierra Leone People's Party which are the two largest political parties in Sierra Leone plus two other parties, the National Grand Coalition and the Coalition for Change and finally, three Independent members who were not elected under any party.

<span class="mw-page-title-main">Provincial Assembly of Sindh</span> Unicameral Legislature of a Pakistani province

The Provincial Assembly of Sindh is a unicameral legislature of elected representatives of the Pakistani province of Sindh, and is located in Karachi, its provincial capital. It was established under Article 106 of the Constitution of Pakistan having a total of 168 seats, with 130 general seats, 29 seats reserved for women and 9 seats reserved for non-Muslims.

<span class="mw-page-title-main">Public float</span> Portion of shares of a corporation that are in the hands of public investors

In the context of stock markets, the public float or free float represents the portion of shares of a corporation that are in the hands of public investors as opposed to locked-in shares held by promoters, company officers, controlling-interest investors, or governments. This number is sometimes seen as a better way of calculating market capitalization, because it provides a more accurate reflection of what public investors consider the company to be worth. In this context, the float may refer to all the shares outstanding that can be publicly traded.

<i>Ashby v White</i> UK constitutional law case concerning the right to vote

Ashby v White (1703) 92 ER 126, is a foundational case in UK constitutional law and English tort law. It concerns the right to vote and misfeasance of a public officer. Lord Holt laid down the important principle that where there is injury in the absence of financial loss (injuria sine damno) the law makes the presumption of damage and that it is sufficient to demonstrate that a right has been infringed.

<span class="mw-page-title-main">Stock</span> Shares into which ownership of the corporation is divided

In finance, stock consist of all the shares by which ownership of a corporation or company is divided. A single share of the stock means fractional ownership of the corporation in proportion to the total number of shares. This typically entitles the shareholder (stockholder) to that fraction of the company's earnings, proceeds from liquidation of assets, or voting power, often dividing these up in proportion to the amount of money each stockholder has invested. Not all stock is necessarily equal, as certain classes of stock may be issued for example without voting rights, with enhanced voting rights, or with a certain priority to receive profits or liquidation proceeds before or after other classes of shareholders.

<span class="mw-page-title-main">South African company law</span> Regulates corporations formed under the Companies Act

South African company law is that body of rules which regulates corporations formed under the Companies Act. A company is a business organisation which earns income by the production or sale of goods or services. This entry also covers rules by which partnerships and trusts are governed in South Africa, together with cooperatives and sole proprietorships.

<span class="mw-page-title-main">STOCK Act</span> Legislation of the 112th United States Congress

The Stop Trading on Congressional Knowledge (STOCK) Act of 2012 is an Act of Congress designed to combat insider trading. It was signed into law by President Barack Obama on April 4, 2012. The law prohibits the use of non-public information for private profit, including insider trading by members of Congress and other government employees. It confirms changes to the Commodity Exchange Act, specifies reporting intervals for financial transactions.

<span class="mw-page-title-main">British Virgin Islands company law</span>

The British Virgin Islands company law is the law that governs businesses registered in the British Virgin Islands. It is primarily codified through the BVI Business Companies Act, 2004, and to a lesser extent by the Insolvency Act, 2003 and by the Securities and Investment Business Act, 2010. The British Virgin Islands has approximately 30 registered companies per head of population, which is likely the highest ratio of any country in the world. Annual company registration fees provide a significant part of Government revenue in the British Virgin Islands, which accounts for the comparative lack of other taxation. This might explain why company law forms a much more prominent part of the law of the British Virgin Islands when compared to countries of similar size.

<span class="mw-page-title-main">Cayman Islands bankruptcy law</span>

Cayman Islands bankruptcy law is principally codified in five statutes and statutory instruments:

References