{"title":"从灾难中获取利润:资产有限公司和格拉斯哥城市银行的来世","authors":"Seán O’Reilly","doi":"10.1093/AJLH/NJAA021","DOIUrl":null,"url":null,"abstract":"\n The City of Glasgow Bank’s collapse in 1878 was the largest bank failure of its time. The causes of the crash and its impact on joint-stock banking and the Scottish and British economy have been well-studied, but how its liquidation was concluded remains under-explored. At the same time, the legal and commercial milieu of nineteenth-century Britain spawned a new type of commercial entity—the investment trust. At the intersection of these two historical moments lies the Assets Company Ltd, which is both the legal device that finally concluded the liquidation of the City of Glasgow Bank and a fascinating case study of an early investment trust. Employing little-used archival sources—primarily the Assets Company’s records kept by the Board of Trade and published court judgments—this article investigates the significance and legacy of the Assets Company, from its incorporation in 1882 to its winding-up in 1956. Beyond merely concluding the legal process of liquidation, the Assets Company would go on to manage and profit from the recovery of the City of Glasgow Bank’s assets as well as conduct its own investment activities well into the twentieth century. This article concludes that the Assets Company provides a noteworthy example of how the Bank’s shareholders responded to the winding-up of a large failed bank, particularly, one with unlimited liability, and how an investment trust can be used to maximise the proceeds of liquidation. The winding-up of the City of Glasgow Bank was thus unique relative to previous bank failures in how its shareholders were able to avoid the prolonged liquidation experienced by other Scottish banks. Finally, the Assets Company is an interesting case study of the diversity of the early investment trust industry, and a company that would go on to inspire numerous successor enterprises.","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":" 16","pages":"450-484"},"PeriodicalIF":0.6000,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Capturing Profit from Disaster: The Assets Company Ltd and the Afterlife of the City of Glasgow Bank\",\"authors\":\"Seán O’Reilly\",\"doi\":\"10.1093/AJLH/NJAA021\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n The City of Glasgow Bank’s collapse in 1878 was the largest bank failure of its time. 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引用次数: 0
摘要
1878年格拉斯哥城银行(City of Glasgow Bank)的倒闭是当时规模最大的银行倒闭事件。这场危机的起因及其对股份制银行、苏格兰和英国经济的影响已经得到了充分的研究,但其清算是如何结束的仍未得到充分探讨。与此同时,19世纪英国的法律和商业环境催生了一种新型的商业实体——投资信托。这两个历史时刻的交汇点是资产有限公司(Assets Company Ltd),它既是最终结束格拉斯哥城市银行(City of Glasgow Bank)清算的法律工具,也是早期投资信托的迷人案例研究。本文利用很少使用的档案资料——主要是由贸易委员会保存的资产公司记录和已公布的法院判决——调查了资产公司从1882年成立到1956年清盘的重要性和遗产。除了完成清算的法律程序之外,资产公司还将继续管理格拉斯哥城市银行的资产并从中获利,并在20世纪进行自己的投资活动。本文的结论是,资产公司提供了一个值得注意的例子,说明银行股东如何应对一家大型破产银行的清盘,特别是一家拥有无限责任的银行,以及如何利用投资信托来最大化清算收益。因此,相对于以往的银行倒闭,格拉斯哥城市银行的清盘是独一无二的,因为它的股东能够避免其他苏格兰银行经历的长期清算。最后,资产公司是早期投资信托行业多样性的一个有趣案例,也是一个将继续激励众多后继企业的公司。
Capturing Profit from Disaster: The Assets Company Ltd and the Afterlife of the City of Glasgow Bank
The City of Glasgow Bank’s collapse in 1878 was the largest bank failure of its time. The causes of the crash and its impact on joint-stock banking and the Scottish and British economy have been well-studied, but how its liquidation was concluded remains under-explored. At the same time, the legal and commercial milieu of nineteenth-century Britain spawned a new type of commercial entity—the investment trust. At the intersection of these two historical moments lies the Assets Company Ltd, which is both the legal device that finally concluded the liquidation of the City of Glasgow Bank and a fascinating case study of an early investment trust. Employing little-used archival sources—primarily the Assets Company’s records kept by the Board of Trade and published court judgments—this article investigates the significance and legacy of the Assets Company, from its incorporation in 1882 to its winding-up in 1956. Beyond merely concluding the legal process of liquidation, the Assets Company would go on to manage and profit from the recovery of the City of Glasgow Bank’s assets as well as conduct its own investment activities well into the twentieth century. This article concludes that the Assets Company provides a noteworthy example of how the Bank’s shareholders responded to the winding-up of a large failed bank, particularly, one with unlimited liability, and how an investment trust can be used to maximise the proceeds of liquidation. The winding-up of the City of Glasgow Bank was thus unique relative to previous bank failures in how its shareholders were able to avoid the prolonged liquidation experienced by other Scottish banks. Finally, the Assets Company is an interesting case study of the diversity of the early investment trust industry, and a company that would go on to inspire numerous successor enterprises.
期刊介绍:
The American Journal of Legal History was established in 1957 as the first English-language legal history journal. The journal remains devoted to the publication of articles and documents on the history of all legal systems. The journal is refereed, and members of the Judiciary and the Bar form the advisory board.