In relation to the Enterprise Bankruptcy Law of China:
(a) state the duty and function of a bankruptcy administrator with respect to conversion; (4 marks)
(b) state the rules as to the conversion of insolvent assets during the process of bankruptcy liquidation. (6 marks)
第1题
In relation to the Company Law of China:
(a) state the matters for a listed company to be decided at the general shareholders’ meeting, and the special voting requirements to be passed; (4 marks)
(b) state the special voting requirements for a listed company, if a director of the company is affiliated with another enterprise, and related matters to be voted by the board of directors. (6 marks)
第2题
In relation to the Contract Law of China:
(a) state which provisions concerning exemptions contained in a contract shall be deemed as invalid; (4 marks)
(b) state the rules that deal with the consequences where a contract is decided to be invalid. (6 marks)
第3题
In relation to the Labour Contract Law of China:
(a) state the remedial measures an employee is entitled to take if an employer delays in paying, or fails to pay, wages or salaries; (4 marks)
(b) explain what changes can be made to a labour contract by an employer and what is the legal effect of these changes. (6 marks)
第4题
In relation to the Property Law of China:
(a) explain divided co-ownership interest in buildings; (4 marks)
(b) state any parts within a building or community that shall be owned by owners on the basis of co-ownership; (4 marks)
(c) state the rules on the transfer of the privately owned residential or commercial properties in a co-owned building by the owner. (2 marks)
第5题
In relation to the basic legal system of China:
(a) explain the rule of exclusive jurisdiction by the people’s court in dealing with civil or commercial cases; (2 marks)
(b) state the disputes that shall be subject to exclusive jurisdiction, including the relevant courts that shall have jurisdiction; (4 marks)
(c) state the relationship between the exclusive jurisdiction and the territorial jurisdiction in dealing with civil or commercial cases. (4 marks)
第6题
and D) and Fengli Co Ltd, with a total registered capital of RMB 50 million yuan. During the operations of the past three years, Stationary Company gained no profits in the financial years 2008 and 2009. In 2010 Stationary Company gained an after-tax profit of RMB 5 million yuan.
In the beginning of 2011 the board of directors of Stationary Company submitted to the general shareholders’ meeting for approval two resolutions. The proposed resolutions were on the following:
(i) The company would distribute dividends to the shareholders on the basis of 0·10 yuan per share with all its after-tax profit of RMB 5 million yuan for 2010;
(ii) For the purpose of getting financing from the bank, the company was to place a pledge with all the shares of its shareholders to the bank.
Required:
Answer the following questions in accordance with the relevant provisions of the Company Law, and give your reasons for your answer:
(a) state whether proposed resolution (i) on the distribution of dividends was in conformity with the law; (5 marks)
(b) state whether proposed resolution (ii) on placing the shares as a pledge for a loan was in conformity with the law. (5 marks)
第7题
0 refrigerators from the latter at a price of RMB 3,000 yuan/piece, total price being RMB 300,000 yuan. The payment would be made in two instalments: 100,000 yuan as advance payment to be paid after the conclusion of the contract, and the remaining 200,000 yuan to be paid in April 2011. Upon receiving the advance payment Appliance Co would deliver all the products. After the conclusion of the sales contract, Department Store made the first payment of 100,000 yuan and received all the products delivered by Appliance Co.
In the same month, Appliance Co intended to rent a space of 100 m2 from Department Store to exhibit its other appliance products. For this purpose the two parties entered into a rental agreement and agreed upon the following terms and conditions: the term of rental would be one year as from January to December 2011; the total rental would be RMB 400,000 yuan and be paid RMB 100,000 yuan quarterly within the first 10 days of January, April, July and October.
At the end of March 2011 Appliance Co sent Department Store a written notice, stating that it would set off its rental of RMB 200,000 yuan for the second and third instalments with the remaining price of 200,000 yuan for the refrigerators.
Required:
Answer the following questions in accordance with the relevant provisions of the Contract Law, and give your reasons for your answer:
(a) state the nature and different forms of set-off as presented by Appliance Co to Department Store; (4 marks)
(b) state the conditions to be met by Appliance Co when it was claiming the set-off of credit and debt with Department Store. (6 marks)
第8题
0,000 yuan. After the conclusion of the agreement, Mr Liu paid the price and Feng delivered the car to Mr Liu. The two parties, however, did not register the sale of the car. Following the sale Mr Liu took the car to a repair shop to repair the air conditioner. After the completion of the repair and on the way home, a fire accident occurred due to the defect of the air conditioner and caused serious damage to the car.
Mr Liu returned to the repair shop claiming compensation for the defect of the air conditioner. The repair shop insisted that it was not liable for the fire accident and the resulting damage to the car. In addition, after retrieval of the data from the local vehicles registration centre, the repair shop found that the registered owner of the car was still Mr Feng, not Mr Liu. Under such a situation it refused to discuss the dispute any more with Mr Liu, on the ground that he was not a legitimate owner of the car. When Mr Liu asked Mr Feng to negotiate with the repair shop, Mr Feng was reluctant to do so on the ground that the transaction between them was over since he had duly delivered the car to Mr Liu.
Required:
Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:
(a) state the rule as to the passing of ownership for a car as a kind of movables, and the effect of the agreement between the two parties; (4 marks)
(b) state who should be the legitimate owner of the car; (4 marks)
(c) state whether the repair shop should be liable for the damaged car if the fire was caused by the defect of the air conditioner. (2 marks)
第9题
In relation to the Securities Law of China:
(a) state, and explain the duties of, the relevant personnel of a listed stock company who are responsible for the disclosure of information in the company’s regular reports; (4 marks)
(b) state the legal liabilities of an issuer, a listed stock company and the relevant personnel for failing to disclose information, or disclosing false, misleading or omitted information. (6 marks)
第10题
In relation to the Enterprise Bankruptcy Law of China:
(a) state the rules on the circumstances to declare the creditor’s right, including what is not required to be declared; (4 marks)
(b) state the rules with respect to joint and several creditors/debtors during the course of declaration of the creditor’s right. (6 marks)
为了保护您的账号安全,请在“上学吧”公众号进行验证,点击“官网服务”-“账号验证”后输入验证码“”完成验证,验证成功后方可继续查看答案!