London, England – A unique legal concept in England allows a small number of corporate entities to exist "by prescription," meaning their origins are so ancient that their founding dates are unknown, and they are legally presumed to have always existed. The most prominent example of such a body is the Corporation of London, whose history likely predates the formation of a unitary Kingdom of England.
According to a recent tweet by Benjamin Lewis, these entities are a rare anomaly in modern corporate law. "There are a small number of corporate entities in England which exist by prescription. I.e. no one knows when they were founded so they're just assumed to have always existed," Lewis stated. He further highlighted, "The classic is the Corporation of London, which likely predates a unitary Kingdom of England."
The City of London Corporation, officially known as the Mayor and Commonalty and Citizens of the City of London, serves as the local authority for the historic Square Mile. Legal experts note that while no founding charter or record exists, its continuous operation and recognition over centuries have granted it legal personality through "incorporation by prescription." This unique status distinguishes it from most modern corporations, which are established through formal registration or royal charter.
The Corporation's enduring autonomy is a testament to its deep roots in English history. It has maintained its self-governing structure and unique powers, including its own police force, despite numerous reforms to local government across the United Kingdom. Its historical significance is further underscored by references in ancient documents, including the Magna Carta, affirming its liberties.
The concept of "prescription" in English law generally refers to rights acquired through long and unchallenged usage. For a corporate body, this means its legal existence is affirmed by its continuous, unchallenged operation over an extensive period, rather than by a specific founding document. The rarity of such entities, with the Corporation of London standing as the pre-eminent example, highlights a fascinating intersection of ancient legal tradition and contemporary governance.