重要提示: 请勿将账号共享给其他人使用,违者账号将被封禁!
查看《购买须知》>>>
找答案首页 > 全部分类 > 财会类考试
搜题
网友您好, 请在下方输入框内输入要搜索的题目:
搜题
题目内容 (请给出正确答案)
[主观题]

In relation to company law, explain:(a) the doctrine of capital maintenance; (4 marks)(b)

In relation to company law, explain:

(a) the doctrine of capital maintenance; (4 marks)

(b) the circumstances under which both a private and a public company can reduce its capital and the procedure

to be followed. (6 marks)

查看答案
更多“In relation to company law, explain:(a) the doctrine of capital maintenance; (4 marks)(b)”相关的问题

第1题

Ms Huang, a shareholder of the Daqing Limited Liability Company (Daqing), found that the g

eneral manager, Mr Ding, had accepted bribes from several suppliers, which materially caused losses to Daqing, and adversely affected the interests of all shareholders.

Further examination, through a Certified Public Accountant firm, disclosed that there were a lot of affiliated transactions between Daqing and Everbright Co, which was the majority shareholder of Daqing. Mr Ding was recommended by Everbright Co and appointed by Daqing’s board of directors, which was substantially influenced by Everbright Co. With a series of such transactions Daqing transferred huge profits to Everbright Co and adversely affected Daqing.

Required:

(a) State whether Ms Huang was entitled to take legal action against Mr Ding for his illegal behaviour of accepting bribes which adversely affected all the shareholders. (2 marks)

(b) State TWO different legal actions Ms Huang was entitled to take to protect the rights of Daqing and its shareholders due to the affiliated transactions with Everbright Co. (4 marks)

点击查看答案

第2题

Zhao, Qian, Sun and Lee were four shareholders of a limited liability company specialising

in bio-technology, each holding 25% of the shares of the company.

Several months later Qian intended to transfer his shares to a listed company for profit and sent notices to the other three shareholders asking for their consent. Zhao agreed and also expressed his willingness to buy Qian’s shares if the price was reasonable. Sun disagreed and claimed his right of priority to buy Qian’s shares. However, Zhao and Sun could not reach an agreement as to the proportion of shares to buy. Lee kept silent upon receipt of the notice.

Since Sun offered a price lower than that of the listed company, Qian entered into a contract to sell his shares to the listed company, which caused a dispute among the four shareholders. Under such circumstances, Lee decided to leave the company and requested the company to purchase his shares.

Required:

In accordance with the relevant provisions of the Company Law:

(a) State how Zhao and Sun’s failure to reach an agreement on the proportion of shares to purchase should be dealt with. (2 marks)

(b) State whether Lee’s request for the company to purchase his shares should be upheld if the dispute was brought to court. (2 marks)

(c) State whether Qian was entitled to transfer his shares to the listed company. (2 marks)

点击查看答案

第3题

Food Shop sent a fax to Sanyi Farm to inquire about the price of tomatoes as follows: ‘100

,000 kg of tomatoes is urgently needed. Reply as soon as possible.’

Upon receipt of the fax, Sanyi Farm shipped 100,000 kg of tomatoes to Food Shop. The latter took delivery of the goods without any objection. On selling the goods Food Shop found that the quality of tomatoes did not meet the standard required and had to sell the goods at a 20% discount. Food Shop considered that there was no contract between the two parties, since its fax to Sanyi Farm did not contain the price, which was one of the essential factors to be an effective offer.

Required:

In accordance with the Contract Law:

(a) Explain the legal nature of the fax sent by Food Shop. (2 marks)

(b) Describe the legal nature of the act to take delivery of the goods by Food Shop. (2 marks)

(c) Explain whether there was a contract between the two parties. (2 marks)

点击查看答案

第4题

In the context of companies in fi nancial diffi culty, distinguish between and explain the

operation of:

(a) compulsory winding up; (4 marks)

(b) administration. (6 marks)

点击查看答案

第5题

In relation to the law of negligence, explain the extent of a company auditor’s duty of ca

re and to whom any such duty is owed.(10 marks)

点击查看答案

第6题

In relation to the law of contract, explain:(a) the postal rule; (5 marks)(b) the doctrine

In relation to the law of contract, explain:

(a) the postal rule; (5 marks)

(b) the doctrine of privity. (5 marks)

点击查看答案

第7题

Stine, the owner of an office building, and Mering concluded a three-year leasing agreemen

t in January 2012. Mering would use the first floor to open a restaurant. The annual rental should be paid on the first of each month.

In 2013 Stine and Mering entered into a service agreement, by which Mering would provide meals to the employees of Stine. The service fees would be paid on a quarterly basis.

In June 2014, Mering was declared bankrupt by a court which designated a bankruptcy administrator responsible for the liquidation. The bankruptcy administrator found that Mering had failed to pay the rental for 2014. Stine claimed the rental due for the year of 2014 as his credit and requested to offset the meal service fees for the first and second quarters of 2014. Stine also declared dissolution of the leasing agreement between the two parties.

Required:

In accordance with the Enterprise Bankruptcy Law:

(a) State whether Stine’s request to offset the meal service fees was in conformity with the law. (2 marks)

(b) State how to deal with Stine’s request to dissolve the leasing contract. (2 marks)

(c) State what benefit Stine could have if its request to offset was accepted. (2 marks)

点击查看答案

第8题

Greg is a member of the board of directors of Huge plc. He also controls a private limited

company Imp Ltd through which he operates a management consultancy business. He also owns all the shares in Jet Ltd through which he conducts an investment business.

When Greg learns that Huge plc is going to make a take-over bid for Kop plc he arranges for Jet Ltd to buy a large number of shares in Kop plc on the London Stock Exchange on which it makes a large profit when it sells them after the takeover bid is announced. He then arranges for Jet Ltd to transfer the profit to Imp Ltd as the charge for supposed consultancy work. The money is then transferred to Greg through the declaration of dividends by Imp Ltd.

Required:

Analyse the above conduct from the perspective of criminal law paying particular attention to the issues of:

(a) insider dealing; and (5 marks)

(b) money laundering. (5 marks)

点击查看答案

第9题

Whilst at work Andy always parked his car in a car park operated by Bash Ltd. On the entry

to the car park just in front of the payment machine there is a large sign in fl uorescent red paint which states:

‘These premises are not staffed by our employees and may be dangerous. Clients use these facilities strictly at their own risk and Bash Ltd accept no liability whatsoever for any damage or injury sustained by either those using this facility or their vehicles or property, no matter how caused.’

Andy was aware of the sign, but had never paid much attention to it. However, one day he returned to his car to fi nd that it had been badly damaged by a towing vehicle driven by an employee of Bash Ltd. Whilst on his way to the car park offi ce to complain he was hit by the same towing vehicle, which was clearly being driven dangerously by one of Bash Ltd’s employees. As a result, not only was his car severely damaged, but he suffered a broken leg and was off work for eight weeks.

Bash Ltd has accepted that its employee was negligent on both counts but denies any liability, relying on the exclusion clause.

Required:

On the understanding that the clause excluding Bash Ltd’s liability was incorporated into its contract with Andy,advise Andy whether there is any action he can take against Bash Ltd.(10 marks)

点击查看答案

第10题

In relation to employment law, explain the meaning of redundancy and the rules that govern

it.

(10 marks)

点击查看答案
下载上学吧APP
客服
TOP
重置密码
账号:
旧密码:
新密码:
确认密码:
确认修改
购买搜题卡查看答案
购买前请仔细阅读《购买须知》
请选择支付方式
微信支付
支付宝支付
选择优惠券
优惠券
请选择
点击支付即表示你同意并接受《服务协议》《购买须知》
立即支付
搜题卡使用说明

1. 搜题次数扣减规则:

功能 扣减规则
基础费
(查看答案)
加收费
(AI功能)
文字搜题、查看答案 1/每题 0/每次
语音搜题、查看答案 1/每题 2/每次
单题拍照识别、查看答案 1/每题 2/每次
整页拍照识别、查看答案 1/每题 5/每次

备注:网站、APP、小程序均支持文字搜题、查看答案;语音搜题、单题拍照识别、整页拍照识别仅APP、小程序支持。

2. 使用语音搜索、拍照搜索等AI功能需安装APP(或打开微信小程序)。

3. 搜题卡过期将作废,不支持退款,请在有效期内使用完毕。

请使用微信扫码支付(元)
订单号:
遇到问题请联系在线客服
请不要关闭本页面,支付完成后请点击【支付完成】按钮
遇到问题请联系在线客服
恭喜您,购买搜题卡成功 系统为您生成的账号密码如下:
重要提示: 请勿将账号共享给其他人使用,违者账号将被封禁。
发送账号到微信 保存账号查看答案
怕账号密码记不住?建议关注微信公众号绑定微信,开通微信扫码登录功能
警告:系统检测到您的账号存在安全风险

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!

- 微信扫码关注上学吧 -
警告:系统检测到您的账号存在安全风险
抱歉,您的账号因涉嫌违反上学吧购买须知被冻结。您可在“上学吧”微信公众号中的“官网服务”-“账号解封申请”申请解封,或联系客服
- 微信扫码关注上学吧 -
请用微信扫码测试
选择优惠券
确认选择
谢谢您的反馈

您认为本题答案有误,我们将认真、仔细核查,如果您知道正确答案,欢迎您来纠错

上学吧找答案