Company Law by Janet Dine (auth.)

By Janet Dine (auth.)

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By Janet Dine (auth.)

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Sample text

This is to prevent the misuse of limited liability companies by using a series of companies, putting one into liquidation, leaving the debts behind and then starting a new one. Passing off One further restriction on the selection of names is imposed by the rules against using a name so similar to the name used by an existing business as to be likely to mislead the public into confusing the two concerns. Thus in Starting a Company 15 Exxon Corporation v. Exxon Insurance Consultants International Ltd (1982] Ch 119 the court granted an injunction restraining the defendants from using the word Exxon in their company's name.

736(A) 130 s. 1978 European Community Fourth Directive 329, 330-1, 158 333 157 330 329 329 332 Table of Statutes and Directives xxxi European Community Fifth Directive (OJ Vol. 1983) 24, 141, 187, 188, 198, 333-41 Art. 3(a) 334 Art. 1982) 330 European Community Seventh Company Law Directive (OJ Vol. 1983) 330--1, 332 European Community Eighth Company Law Directive on the Qualification of Auditors (OJ Vol. 1984) 331 European Community Ninth Directive 32, 34, 341 European Community Tenth Directive 341 European Community Proposal for an Eleventh Directive on the Disclosure Requirements Branches of Certain Types of Company (OJ Vol.

Passing off One further restriction on the selection of names is imposed by the rules against using a name so similar to the name used by an existing business as to be likely to mislead the public into confusing the two concerns. Thus in Starting a Company 15 Exxon Corporation v. Exxon Insurance Consultants International Ltd (1982] Ch 119 the court granted an injunction restraining the defendants from using the word Exxon in their company's name. 2. 7 Incorporation Section 10 Companies Act 1985 requires delivery of the memorandum (and articles, if any (see Chapter 5)) to the Registrar of Companies for England and Wales, if the registered office is to be situated in either England or Wales, and for Scotland if the registered office is to be situated in Scotland.

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