试卷详情
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ACCA考试F4公司法与商法(China)真题2008年12月
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[简答题]In relation to the Company Law and the Criminal Law of China:
(a) State the fraudulent behaviour that may be deemed as a crime in the course of incorporating a company, and the various elements to be proven for such a crime, in terms of the subjects of a crime and the activities. (5 marks)
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[简答题]In relation to the Contract Law of China:
(c) State the statutory obligations upon the party who claims damages in a breach of contract. (3 marks)
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[简答题]In relation to the Property Law of China:
(b) State the various legal remedies for an interest holder or stakeholder where the information on the immovable registry is incorrect. (6 marks)
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[简答题]In relation to the Labour Contract Law of China:
(a) Explain the term and the purpose of a non-competition clause in a labour contract. (4 marks)
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[简答题]In relation to the Contract Law of China:
(a) Explain the term expected profit in terms of damages. (3 marks)
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[简答题]Mr Zhang, Mr Liu, Mr Guan, Ms Zhao and Ms Wang were the shareholders of a limited liability company with a registered capital of RMB 200,000 yuan, and each one held 20% of the equity of the company.
Mr Liu was intending to transfer his equity to a private enterprise and sent a written notice to the other four shareholders to ask for their consent. Mr Zhang and Ms Zhao agreed with the transaction and also expressed their willingness to buy Mr Liu’s equity if the price were reasonable. However, they could not reach an agreement as to the proportion of equity to buy.
Mr Guan was against the transaction and claimed his right of priority to buy the equity of Mr Liu. Ms Wang did not respond immediately upon receiving the notice. Then, two months later, she expressed her disagreement with the transaction between Mr Liu and the private enterprise.
Since the price offered by Mr Guan was lower than that of the private enterprise, Mr Liu finally signed the equity transfer agreement with the pr
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[简答题]In relation to the jurisdiction rules under the Civil Procedures Law of China:
(a) Explain the term jurisdiction by forum level, and general rules under jurisdiction by forum level. (3 marks)
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[简答题]In relation to the Contract Law of China:
(b) State the conditions to be met for a party to claim damages in a breach of contract. (4 marks)
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[简答题]In relation to the Securities Law of China:
(a) Explain takeover of a listed company by offer. (3 marks)
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[简答题]A department store made an announcement in the local newspaper to launch a bonus sale promotion in July 2008. Under this promotion plan any consumer who bought commodities for RMB 200 yuan would be granted one bonus coupon with a particular number for a lucky-draw. The lucky-draw would be made publicly on 31 July 2008. During July Mr Zhou received five coupons for buying commodities totalling more than RMB 1,000 yuan in the department store.
On 31 July 2008 the department store made the lucky-draw in public and announced all the numbers of coupons in winning the bonus.
On 2 August 2008 the department store put a written notice on the notice board in the front of its premises, stating that the winners should come to cash the bonus before 10 August 2008, otherwise they should be regarded as automatically giving up the bonus.
On 12 August 2008 Mr Zhou got to know the lucky number on one of his coupons was the same as the lucky number for the first class bonus of RMB 5,000 yuan. He went
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[简答题]In relation to the Property Law of China:
(a) State the legal effects of immovable registration on contracts involving the disposal of immovables. (4 marks)
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[简答题]In relation to the Enterprise Bankruptcy Law of China:
(a) Explain the term bankruptcy administrator and how one can be appointed. (4 marks)
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[简答题]In relation to the Securities Law of China:
(c) State the various restrictions on the purchaser when he commences procedures for taking over a listed company by offer. (4 marks)
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[简答题]In relation to the Securities Law of China:
(b) State the report requirements for a purchaser who intends to take over a listed company by offer. (3 marks)
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[简答题]Guanghua Company (Guanghua) and Dongda Company (Dongda) entered into a cooperation agreement to build a building jointly. They agreed that Guanghua would provide all the funds for the construction and hold half of the building, while Dongda would provide the land-use right for construction and also hold half of the building after construction; the ownership of the building would be held jointly by the two parties, but would be registered under the name of Dongda. They also stated in the agreement that any disposal of the building must only be decided with the written consent of both parties.
Having completed the construction of the building and the registration of real estate, the two companies divided and held their parts of the building in light of the agreement. Several months later, in order to expand its business Dongda mortgaged the whole building to an Investment Co for RMB 10 million yuan. The mortgage agreement, registered by the parties, stipulated that if Dongda failed to p