Gouverner par les instruments (Nouveaux débats) (French Edition)

Le Galès, Patrick

Gouverner les conduites (English)

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For their part, corporations benefitted from the protection privileges offered, the opportunity to defend their prerogatives before designated jurisdictions, to negotiate with the Crown, and appeal to the king. Conflicts between corps de ville and guilds, for example, were a frequent occurrence in towns throughout the kingdom. There was, then, no typical corporation.

Patrick Le Galès

Shortly thereafter, the king signed an act of establishment and subsequently ratified the articles of association among members, thus legally bringing the CNF into being. Its primary objective of peopling New France would serve God through evangelization of indigenous inhabitants , the king through government of people and territory , and subjects through the development of commerce.

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Like other corporations, it had a seal to be used on all commissions and correspondence. The articles of association stipulated the internal functioning of the organization, ranging from the election of directors to the financial obligations of members. This latter role is seen particularly in the geographical scope and the scale of delegated powers and privileges from the king.

In addition to being seigneur, the company became a trader, commercial regulator and administrator.

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This combination of jurisdictions set overseas corporations in general apart from their metropolitan counterparts. Only the fishery was left open to all subjects, as was customary. In such an event, the confiscated ship and merchandise would accrue to the company.

Apart from the responsibility for the internal regulation of its members, the CNF was granted certain regal powers in New France, notably in the area of defence. The degree depended on the objectives of the enterprise, with some companies in the same country, such as the Dutch East and West India Companies, enjoying quite different relationships to the state. Compared to those of its Atlantic counterparts, the sovereign powers of the CNF were circumscribed in the areas of defence, law, and diplomacy.

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While it could build military infrastructure, the company had no mandate to declare war or enter alliances. Unlike other commercial associations, they enjoyed the legal protection of incorporation and the grant of a charter; unlike other corporations, profit was a primary goal. The principal innovations of chartered companies were pooled capital and transferable shares. Pooled capital facilitated long-distance enterprises, like overseas trade and colonization, by spreading the risks and the burden of having substantial sums locked up in infrastructure particularly ships, posts, and forts among many investors.

The size of the company dwarfed previous enterprises to New France, most of which had been small partnerships. By contrast, most associations of the period in all European countries were based on single voyages, at the end of which members divided up the assets.

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Unlike previous New France partnerships in which the death or withdrawal of an associate precipitated the dissolution or reconfiguration of the association, shares could be sold or traded without affecting the company overall. In theory, members of the CNF were not responsible for more than their share. Indeed, several articles focused on limiting the liability of associates. With the majority of associates uninvolved in daily operations, it did not make sense to hold them solidairement responsable for company affairs. By the late s, the company had experienced several consecutive years of financial losses due variously to: Such strategies, ranging from demanding new contributions from subscribers to creating subsidiary companies for trade and colonization, had a direct impact on internal and external governance.

The following examination will focus on the latter area. Subsidiaries were among a litany of strategies used by early modern organizations, ranging from corporations to the Crown itself, to remain solvent, maintain their credit, and share costs. Like tax farms, they could provide a sum upfront or annually to the company and bear one or more of the trading, provisioning and peopling costs in exchange for profits from commerce.

The nature of the subsidiaries created under the CNF, their organization, scale, and extent, varied according to geographical area as well as the needs and interests of the parent company.

It undertook to transport munitions and supplies for the habitation at no cost and to give men passage, but its obligations were to stop there: These various delegations to company associates allowed the CNF in effect to maintain its exclusive privileges and its administrative control in the colony. Continued financial pressures and changing political circumstances compelled the Company of New France to cede most of its powers and privileges in the St.

Indeed, it was an amalgam of several existing institutions. Like its predecessors, it was to enjoy exclusive privileges to the fur trade, the profits from which were to cover all expenses; its members, the habitants, were to receive dividends; and twelve elected directors were to manage its affairs. Here, however, the similarities ended: In these functions, it played an indispensable local role and relieved the Crown of the responsibility for local government. When an issue needed to be addressed, the syndic elected by the habitants called an assembly; at the end of deliberations, the most prominent habitants signed the record.

The main difference between the CH and its metropolitan counterparts lay in the nature of its property and source of revenue. Where the latter controlled pasture, saltmarshes, and fuel, and owned vineyards, houses, and woodland, the former managed the fur trade and provided for the habitations. The CH had to acquire and outfit ships, trade with its indigenous partners, and sell the furs in France in exchange for merchandise and provisions. The notable-dominated organization largely lacked the knowledge crucial to the smooth-running of this large-scale transatlantic commerce.

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