Part I Private International Law for Corporations, 1 National Choice of Law for Corporations
- Corporations — Public policy — Letterbox companies and the doctrine of abuse — National choice of law — Regulatory competition
1.01 The theory of incorporation has prevailed in all common law jurisdictions and has gained some acceptance amongst civilian systems. In English law, the law of the place of incorporation has been traced back to eighteenth-century case law. 1 Its predominance is uncontroversial. 2 It is also followed in several key Commonwealth jurisdictions, 3 as well as in the United States. 4 It has also been adopted by some civilian systems, like the Netherlands, 5 Switzerland, 6 and Russia. 7 1.02 According to this theory, ‘all matters concerning the constitution of a...