R v Registrar of Joint Stock Companies, ex parte More [1931]
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R v Registrar of Joint Stock Companies, ex parte More [1931] 2 KB 197 is a case that illustrates an instance where the Registrar of Joint Stock Companies rightfully refused the incorporation of a company due to its formation for an unlawful purpose. The decision reflects the registrar's authority to deny incorporation when a company is established with intentions that violate the law.
The Registrar of Joint Stock Companies rejected an application to register a company intending to sell lottery tickets in England for a lottery conducted in Ireland. Although the company was registered for an Irish lottery, it failed to comply with the English Lottery Act. There were concerns that the company's operations would involve unlawful activities in England. The central issue revolved around the Registrar's authority to refuse the incorporation of a company when it is formed for an unlawful purpose, as indicated in Section 7(1) of the Companies Act 2006.
The Court of Appeal upheld the decision of the Registrar, affirming that the refusal to incorporate the company was appropriate. The key consideration was that the company, while operating legitimately in Ireland, intended to pursue an unlawful purpose in England. The court recognised the registrar's discretionary power to decline incorporation in cases where the company's objectives were incompatible with the law.
This case is significant as it underscores the registrar's role in ensuring that companies are formed with lawful intentions. It highlights the legal principle that incorporation should be denied when a company is established for purposes contrary to the law of the jurisdiction in which it seeks recognition. The decision aligns with the broader legal framework that governs the formation and conduct of companies, emphasising the importance of compliance with applicable laws and regulations.
The Registrar of Joint Stock Companies rejected an application to register a company intending to sell lottery tickets in England for a lottery conducted in Ireland. Although the company was registered for an Irish lottery, it failed to comply with the English Lottery Act. There were concerns that the company's operations would involve unlawful activities in England. The central issue revolved around the Registrar's authority to refuse the incorporation of a company when it is formed for an unlawful purpose, as indicated in Section 7(1) of the Companies Act 2006.
The Court of Appeal upheld the decision of the Registrar, affirming that the refusal to incorporate the company was appropriate. The key consideration was that the company, while operating legitimately in Ireland, intended to pursue an unlawful purpose in England. The court recognised the registrar's discretionary power to decline incorporation in cases where the company's objectives were incompatible with the law.
This case is significant as it underscores the registrar's role in ensuring that companies are formed with lawful intentions. It highlights the legal principle that incorporation should be denied when a company is established for purposes contrary to the law of the jurisdiction in which it seeks recognition. The decision aligns with the broader legal framework that governs the formation and conduct of companies, emphasising the importance of compliance with applicable laws and regulations.
