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Which TWO statements concerning company names and passing-off action are correct? 

(1) Only the Company Names Adjudicators can create a new company name, if one is needed, following a complaint about a company name that is too similar to another  

(2) A passing-off action will fail if the claimant has not sought a remedy from the Company Names Adjudicators first 

(3) A company can be prevented by a court injunction from using its name, even if it is properly registered 

(4) Courts can refuse an injunction to prevent the use of a company name if the businesses are sufficiently different in nature 

A

 1 and 2 

B

 1 and 4 

C

 2 and 3 

D

 3 and 4 

Which of the following business forms does the use of the abbreviation 'Ltd' after the name of a business indicate? 

A

 A limited partnership 

B

 A limited liability partnership 

C

 A private limited company 

 Which of the following is indicated by the abbreviation 'Ltd' at the end of a company's name? 

A

 The shares are not transferable 

B

 The shares may not be offered to the public 

C

 The shares are freely transferable on the stock exchange 

 Which TWO of the following are elements of a company's constitution? 

(1) Memorandum of association  

(2) Articles of association 

 (3) Company resolutions  

(4) Register of members 

A

 1 and 2 

B

 1 and 4 

C

 2 and 3 

D

 3 and 4 

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24

【论述题】

State the nature of a 'passing-off' action.

State what Lancashire Hair Brushes would need to prove in order to establish that it is a victim of 'passing-off'.

State an alternative course of action that Lancashire Hair Brushes could take to force National Hair Brushes to change its name.

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27

【论述题】

State which parties are bound by a company's articles of association

Which of the following will the Registrar of Companies hold on a company's file? 

A

 Copies of all ordinary resolutions 

B

 Certificate of incorporation 

C

 Minutes from board meetings 

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22

【论述题】

State what is meant by separate corporate personality