2009年6月ACCA試題：F4試題（全球）答案九

　?。╟） Under ss.69-74 of CA 2006 a new procedure has been introduced to cover situations where a company has been registered with a name

　?。╥） that it is the same as a name associated with the applicant in which he has goodwill， or

　　（ii） that it is sufficiently similar to such a name that its use in the United Kingdom would be likely to mislead by suggesting a connection between the company and the applicant （s.69）。

　　Section 69 can be used not just by other companies but by any person to object to a company names adjudicator if a company＊s name is similar to a name in which the applicant has goodwill. There is a list of circumstances raising a presumption that a name was adopted legitimately； however even then， if the objector can show that the name was registered either， to obtain money from them， or to prevent them from using the name， then they will be entitled to an order to require the company to change its name.

　　Under s.70 the Secretary of State is given the power to appoint company names adjudicators and their staff and to finance their activities， with one person being appointed Chief Adjudicator.

　　Section 71 provides the Secretary of State with power to make rules for the proceedings before a company names adjudicator. Section 72 provides that the decision of an adjudicator and the reasons for it， are to be published within 90 days of the decision.

　　Section 73 provides that if an objection is upheld， then the adjudicator is to direct the company with the offending name to change its name to one that does not similarly offend. A deadline must be set for the change. If the offending name is not changed， then the adjudicator will decide a new name for the company.

　　Under s.74 either party may appeal to a court against the decision of the company names adjudicator. The court can either uphold or reverse the adjudicator＊s decision， and may make any order that the adjudicator might have made.

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