题目

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 

Chapter14Constitutionofacompany

An injunction can prevent the use of a properly registered company name. A court may refuse an injunction if the businesses are sufficiently different in nature because the chance of customer confusion is low. Courts and the Company Names Adjudicators may change a company's name if necessary. Failure to refer to the Company Names Adjudicators first will not stop a passing-off action from succeeding.

多做几道

 Which of the following statements concerning wrongful trading is correct? 

A

 Wrongful trading is a criminal offence 

B

 Selling company shares in the knowledge that the share price is about to fall is wrongful trading 

C

 A case of wrongful trading is brought by a company's administrator 

D

 Intent to defraud is required to prove a case of wrongful trading 

Which TWO of the following are offences connected with the insolvency of a company?

 (1) Wrongful trading

  (2) Market abuse 

 (3) Making a false declaration of solvency 

 (4) Bribery 

A

 1 and 3 

B

 1 and 4 

C

 2 and 3 

D

 2 and 4 

 Money laundering involves a number of phases in the overall procedure. 

Which TWO of the following are recognised phases in money laundering?

 (1) Relocation 

(2) Layering 

(3) Integration 

(4) Distribution 

A

 1 and 2 

B

 1 and 4 

C

 2 and 3 

D

 3 and 4 

The term insider dealing relates to a number of potential criminal offences. 

Which TWO of the following are crimes in relation to insider dealing? 

(1) Encouraging someone to engage in insider dealing 

(2) Failing to report insider dealing 

(3) Concealing insider dealing 

(4) Passing on inside information 

A

 1 and 2 

B

 1 and 4 

C

 2 and 3 

D

 2 and 4 

 LT is an accountant who works for Tapa Ltd, a company owned by SP. LT has devised a scheme where Tapa Ltd can illegally disguise certain revenues so that the company's tax charge is reduced. Any tax that the scheme saves is paid to SP as a dividend.  

Which TWO offences has LT committed? 

(1) Tipping off 

 (2) Failure to prevent  

(3) Laundering 

 (4) Failure to report 

A

 1 and 2 

B

 1 and 4 

C

 2 and 3 

D

 3 and 4 

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