“What's in a name? That which we call a rose by any other name would smell just as sweet.” Romeo & Juliet – William Shakespeare

Company names and brand names, which may or may not be the same, along with the goodwill attributable to that name, is often a valuable company asset. However, even well-established brands are not immune to economic pressures, and you only have to take a walk down your local high street to witness the disappearance of many household names.

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there is nothing to say that directors who genuinely believe that the clouds will roll away and the sunshine of prosperity will shine upon them again and disperse the fog of their depression are not entitled to incur credit to help them to get over the bad time

The words of Buckley J, Re White & Osmond (Parkstone) Ltd (unreported)

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When is a director a director? At first glance this may appear to be a facile question. Why would individuals who only carry the title “director” fall within this group? Surely a director must be someone who has been formally appointed as a director?

Well, yes and no. For instance, someone who is involved in the day to day management of a business, but has not been formally appointed as a director or someone who tells the board what to do may also be considered to be a director for the purposes of company law.

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