Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Glossary detail
CASE STUDY

“LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients.”

SBP Law

Access all documents on Companies formed for an illegal purpose

Companies formed for an illegal purpose meaning

What does Companies formed for an illegal purpose mean?
A company formed for an illegal purpose describes an incorporated vehicle set up to conduct unlawful business. The term is descriptive, not statutory; consequences flow from the common-law doctrine of illegality (ex turpi causa) and confiscation regimes. Courts will not assist such a company to enforce rights under transactions that further its illegality. It cannot sue to recover a debt for money lent, goods supplied or services rendered where the loan or contract was made directly to carry on the unlawful business. The bar concerns enforceability, not corporate capacity. Across England & Wales and Northern Ireland, the modern approach (Patel v Mirza) asks whether enforcing the claim would damage the integrity of the legal system; in Scotland, principles of pacta illicita apply; Irish law is broadly consistent. Limited exceptions may arise where the claimant need not rely on its own illegality, the parties are not in pari delicto, or statute indicates a different outcome. Practically, such companies face public-interest winding up, director disqualification, and asset recovery under Proceeds of Crime legislation. Companies legislation in the UK and Ireland permits formation only for lawful purposes.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related UK Parliament Acts about Companies formed for an illegal purpose

UK PARLIAMENT ACTS
7 Method of forming company

7  Method of forming company(1)     A company is formed under this Act by one or more persons—(a)     subscribing their names to a memorandum of association (see section 8), and(b)     complying with the requirements of this Act as to registration (see sections 9 to 13).(2)     A company may not be so formed for an unlawful purpose.