ABSTRACT
The law relating to promoters and pre-incorporation contracts can be regarded as part of the formation of a company. Questions on promoters may be linked with the liability of directors and a question could combine a pre-incorporation contract with a post-incorporation contract. However, the increasing use of ‘off-the-shelf’ companies for small private companies renders promoters and pre-incorporation contracts of diminishing importance. Some courses may require students to be familiar with methods of raising capital – such material is likely to form a small part of a problem or be examined by means of a simple essay which merely demands a competent recitation of facts; but, obviously, every question setter has their own hobbyhorse(s).
