(1995年4月)
第3题
Question 1
ABC Co Ltd登出货物供应招标的广告。Chan提交了按“你方可能订购的数量”供货的提议。 ABC Co Ltd接受了Chart的提议,并且完成了几笔订购交易。6个月后,Chan想撤回协议。给Chan一些建议。
第5题
Qustion 1
听力原文: Letter of Credit
A: East Bank. Good morning.
B: Hello. May I speak to the officer in charge of opening Letter of Credit for customers.
A: Yes, this is George Tangkerson speaking. What can I do for you?
B: This is Andrea Yang from Southeast Computer Ltd. We have an oversea supplier who wants to settle payment through L/C. Since this is the first time we have a transaction, they prefer the safest way of securing settlement, and suggest L/C. But we never handled it before. And your bank is our favorite one where we do all our banking. So I'd like to know about L/C to smooth that new deal.
A: OK. Mrs. Yang, thank you for choosing our bank as your favorite bank. In fact, a documentary letter of credit, after payment in advance, represents the safest and fastest way of securing payment for exporters, as the exporters can personally retain control of the documents of title to the goods until the moment of acceptance of a bill of exchange.
B: I see, that's why they want it. Could you tell me how many parties are involved in a credit?
A: Strictly speaking, there are five parties. The first one is the applicant, usually the buyer. In your case, it's you. You arrange a credit in accordance with the terms of the contract you have made with the beneficiary.
B: You mean with the supplier?
A: Exactly, he is the second party, and the credit is issued in his favor.
B: I was told that if I come to your bank and ask you to open a L/C for us, you function as the issuing bank.
A: Correct. We, the issuing bank, commit ourselves in accordance with your instruction. And here comes the fourth party—the advising/confirming bank, which is located in the country of the beneficiary and is usually our bank's correspondent. I mean the issuing bank's correspondent. Then, the paying/accepting bank makes payment to the beneficiary.
B: So in the process of making settlements by means of L/C, first of all, the buyer applies to the issuing bank to open a credit in favor of the exporter. Will his application always be approved? How about my application?
A: Not necessarily. It will depend on the buyer's creditworthiness. Before issuing a credit, the bank must make certain of its customer's creditworthiness. If this is satisfactory, the credit is then advised to the exporter through a bank in his own country, that is the advising bank. In your case, I assure you that your application will be accepted, because we know your company very well through all the banking you have done with our bank.
B: Glad to hear that. Then, what is the issuing bank supposed to do next?
A: Under the term of credit, the issuing bank undertakes that the seller will be paid for his goods if he complies with certain stated conditions: these will call for certain documents, such as invoices, bills of lading and insurance documents. On condition that the documents presented to the advising bank due to him in exchange for tine documents.
B: Will the paying bank send the documents to you or to us?
A: To us by air-mail, never to you. When we have received the documents, we hand them to you. And when the ship docks, your company will presents the bills of lading to the shipping company and receive your goods.
B: So the payment for the goods by our company to you is a matter of arrangement between us and of no concern to the exporter?
A: That's right. And the settlement between the banks for the amount paid by the issuing bank is carried out through their nostro and vostro accounts.
B: Oh, I see. The advantage of a credit to the seller as you mentioned is self-evident—he knows that he will receive the payment provided he complies with its terms, then are there any benefits to us?
A: Yes. Because the payment will only be made by the advising bank when the exact documents specified have been received—as these are the documents of tide, then once they are in hands of th
第6题
Question 1
Tony、Simon和Leo经营一家合伙企业10年了,他们正在考虑组建一家有限公司。他们想知道,是继续日前的经营还是转变为一个法律实体。向他们提出经营一家有限公司的优点和缺点。
(1994年10月)
第7题
Question 1
(1)International Telecom Ltd.负责铺设TaiPo街的电话线。在施工中,公司的雇员James没有用围栏把路上的洞围上,一位盲人掉进洞里并受伤。给International Telecom Ltd.提建议。
(2)在诽谤诉讼中,被告的何种言辞受绝对特权的保护? (1991年12月)
第8题
Question 1
Terry Yuen最近与Deng and Association签订了一项雇佣契约条款,Deng and Association是一家律师公司,其主要办公地点在香港岛的中心地带,该条款约定,Terry不能在结束雇佣后5年内在香港岛和九龙开设自己的公司。Terry想得到你的建议,如果他在九龙开设自己的事务所,合同是否具有可强制性。
第9题
征求你的意见。
说说是玛格丽特的看法正确,还是戴尔特的看法正确,说出你的理由。 (1995年10月)
第10题
Question 5
Besides file loans, banks provide non-loan financial services to their business clients. Describe the factoring services and leasing.
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