R v Registrar of Joint Stock Companies, ex p More [1931] 2 KB 197

Court : Court of Appeal

Facts : The Registrar of Joint Stock Companies refused to register a company that intended to sell lottery tickets in England. Although the company’s operations were legal under Irish law, they contravened English lottery regulations. The Registrar was concerned that registration would facilitate illegal activities within England.

Issue :Can the Registrar refuse incorporation based on the potential for illegal activity in the jurisdiction, even if the company’s operations are legal in another jurisdiction?

Held : The Court of Appeal upheld the Registrar’s decision, confirming that incorporation could be refused if the company’s intended operations would be illegal within the jurisdiction. The court emphasized the Registrar's role in preventing the formation of companies that could engage in unlawful activities locally.

Key Judicial Statement : Lord Justice Scrutton noted, "The Registrar must be vigilant in ensuring that the process of incorporation is not used to give legal legitimacy to activities that would otherwise be unlawful within the jurisdiction."

💡Leveluplaw: The Registrar has the authority to refuse incorporation if the company's intended activities would be illegal in the jurisdiction, even if such activities are lawful elsewhere.