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Jack has operated a house building business as a sole trader for a number of years. Now, his accountant has recommended that he should consider registering as a company in order to gain the benefits of separate personality. He is unclear as to what is meant by this and seeks advice from you. In this context, explain to him:
(a) The meaning of the doctrine of separate legal personality and its likely consequences.
(b) The conditions under which this doctrine will be ignored by the Courts.
(c) The limitations imposed by the Companies Act 2001 on company names that can be used for registration of a company.
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