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Royal charter |
A Royal Charter is a charter granted by the Sovereign on the advice of the privy council to legitimize an incorporated body, such as a city, company, university or such. A Royal Charter is a kind of letters patent. In medieval Europe, cities were the only place where it was legal to conduct commerce, and Royal Charters were the only way to establish a city. The year a city was chartered is considered the year the city was "founded", irrespective of whether there was settlement there before. A Royal Charter can also create or give special status to an incorporated body. It is an exercise of the Royal Prerogative.
At one time a Royal Charter was the only way in which an incorporated body could be formed, but other means such as the registration of a limited company are now available. Among the historic bodies formed by Royal Charter were the British East India Company, the Hudson's Bay Company, the Peninsular and Oriental Steam Navigation Company (P&O), the British South Africa Company and the American colonies.
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The royal decree is the equivalent in Belgium of a Royal Charter. In the period before 1958, 32 higher education institutes had been by royal charter: these were typically engineering or technical institutions rather than universities.2
However, several non-technical higher education institutions have been founded, or refounded, under royal decree:
A Royal Charter is granted by Order-in-Council, either creating an incorporated body, or giving an existent one special status.6 This is an exercise of the Royal Prerogative, and, in Canada, there are hundreds of organizations under Royal Charters. Such organizations include charities, businesses, colleges, universities, and cities. Today, it is mostly charities and professional institutions who receive Royal Charters.
Application for a charter is a petition to the Queen-in-Council. To receive a Royal Charter, the organization must have corporate members who have at least first degree level in a relevant field, consist of 5,000 members or more, be financially sound, and it must be in the public interest to regulate the institution under a charter. However, meeting these benchmarks does not guarantee the issue of a Royal Charter.7
Companies, corporations, and societies in Canada founded under or augmented by a Royal Charter include:
Cities under Royal Charter are not subject to municipal Acts of parliament applied generally to other municipalities, and instead are governed by legislation applicable to each city individually. The Royal Charter codifies the laws applied to the particular city, and lays out the powers and responsibilities not given to other municipalities in the province concerned.
A number of Canadian universities and colleges were founded under Royal Charter.
Before 1997, a number of organizations had the Royal name attached to them:
A number of Irish institutions still have a "Royal" prefix, even though the country has been a republic since 1949.
The University of South Africa received a Royal Charter in 1877.
Among the 750 or so organisations with Royal Charters are cities; the BBC; theatres such as the Royal Opera House and the Theatre Royal, Drury Lane; Livery Companies; Britain's older universities; professional institutions and charities.27
A Royal Charter is the manner in which a British town is raised to the rank of city. Most recently Inverness, Brighton & Hove and Wolverhampton were given their charters to celebrate the millennium, and Preston, Stirling, Newport, Lisburn and Newry to celebrate the Golden Jubilee of Elizabeth II in 2002.
Some of the older British universities operate under Royal Charters, which give them the power to grant degrees. The most recent generation of UK universities were granted the power to grant degrees by the Further and Higher Education Act, 1992 instead of by Royal Charter, while some other universities operate under Acts of Parliament.
The BBC operates under a Royal Charter which lasts for a limited period of ten years, after which it is renewed.
Most Royal Charters are now granted to professional institutions and to charities. For example, the six accountancy institutes which make up the Consultative Committee of Accountancy Bodies each have a Royal Charter which allows their members to call themselves Chartered Accountants. A Charter is not necessary for them to operate, but one is often sought as a recognition of "pre-eminence, stability and permanence".
A Royal Charter changes a body from a collection of individuals into a single legal entity. Once incorporated by Royal Charter, amendments to the Charter and by-laws require government approval.27
| The factual accuracy of this section is disputed. Please see the relevant discussion on the talk page.(March 2008) |
Although several American universities which predate the American Revolution purport to hold Royal Charters, they hold instead either Letters Patent from the monarch, or another type of grant from a local authority such as a legislature.
Letters Patent from King William III and Queen Mary II:
Letters Patent from King George II:
American colleges popularly believed to have been established by Royal Charter, but actually by some other type of grant: