更多"A general meeting of ABC Bhd, whose"的相关试题:
[简答题]A general meeting of ABC Bhd, whose sole object was the manufacture of plywood, was held last week. Three special resolutions were passed at the meeting.(a) The first resolution was to alter the objects clause in the memorandum of ABC Bhd to add an additional object, namely, the manufacture of steel cabinets. Dol and his wife, Sah, are members of ABC Bhd and together they hold 9% of the company’s issued share capital. They are extremely unhappy about the resolution and seek your advice as to whether they may apply to the court to cancel the alteration.
Required:
Advise Dol and Sah. (4 marks)
[简答题]Sim and Sam formed a partnership whose sole business was to purchase well-bred horses that ran in various races in South Africa. They both met as usual at 10 in the morning and decided to purchase a horse named ‘Beauty’ for R50,000. After Sim left, Sam decided to purchase another well-bred horse called ‘Champion’ for R50,000.
In the weekly auction, Champion was sold for a net profi t of R1,000,000 while Beauty did not attract any buyer. Sim came to know of it and claimed that half of R1,000,000 that Sam made belonged to him. Alternatively, all the profi ts that Sam made belonged to the partnership.
Required:
Advise Sim. (10 marks)
[简答题]ABC Bhd published its annual report for 2008 in April 2009. The report included the audited accounts for the year ended 31 December 2008, which indicated that the company had made substantial profi ts for 2008 and that the company was fi nancially sound. The auditors’ report which accompanied the accounts stated that the auditors were of the opinion that the company had observed accounting standards and that the auditors were satisfi ed that the accounts represented a true and fair view of the fi nancial position of the company as a whole.
Relying on this report, Ali, a member of the public, purchased 100,000 shares of ABC Bhd, on the Stock Exchange.
It has now been discovered that ABC Bhd was in fact insolvent at the time of the audit. This has resulted in the shares of the company becoming almost worthless. Ali considers that the auditors had not carried out their audit properly. He wishes to sue the auditors in the tort of negligence.
Required:
Advise Ali:
(a) on the matt
[简答题]ABC Sdn Bhd is a small private limited company with five shareholders. Its directors are Ali and Balu. Its objects clause states as follows:
(i) to manufacture and sell biscuits;
(ii) to buy and sell wooden furniture; and
(iii) to carry on any other business, which in the opinion of the board of directors can be carried on with the above businesses of the company.
In April 2011, ABC Sdn Bhd entered into a contract with XYZ Sdn Bhd, a steel manufacturing company, for the purchase of 90,000 kilograms of steel. The steel will be delivered to ABC Sdn Bhd next month. The decision to purchase the steel was made by Ali and Balu with the intention of making the company branch off into the manufacture of steel cabinets and other office equipment made of steel.
Charles, a shareholder, believes that the contract for the purchase of the steel is outside the scope of the objects clause of ABC Sdn Bhd. He seeks your advice in respect of this matter.
Required:
Advise Charles on:(a) whether the
[简答题](a) ABC Sdn Bhd wishes to appoint the following persons as directors:
(i) Jessie, a retired professor of corporate governance at the University of Corporate Values, in South Africa. She is a citizen of South Africa and currently resides there. (3 marks)
(ii) Joe, a Malaysian, who had been declared bankrupt by the High Court six years ago. He has a reputation for being an excellent corporate manager and has a track record of reviving and transforming ailing companies into very profitable ones. (3 marks)
Required:
Advise ABC Sdn Bhd whether there would be any legal obstacles to the appointment of Jessie and Joe as directors of ABC Sdn Bhd.
Note: The mark allocation is shown against each part.
(b) XYZ Sdn Bhd (XYZ) recently entered into a contract with LMN Building Contractors Sdn Bhd (LMN). This was for the building by LMN of a factory for XYZ.
The decision to award the contract to LMN was made three weeks ago at a meeting of the full board of directors of XYZ.
[简答题]Nalab Bhd, whose registered offi ce is in Kuala Lumpur, held its latest annual general meeting (AGM) on 15 October 2009. The meeting was held at the Discount Hotel in Johore Bahru. The notice calling for the meeting was sent out by the company on 1 October 2009. At the meeting a resolution was passed to appoint Abu, who is 73 years old, as a director of the company. This resolution was passed by an 80% majority.
Required:
Advise Ahmad, a member of Nalab Bhd, who seeks your advice on the following:
(a) whether the validity of the AGM can be challenged on the ground that it was not held in Kuala Lumpur; (3 marks)
[填空题]Meeting is a general word which can mean any kind of gathering of people.
[简答题]Andrew owns shares in ABC Plc, whose accounts were audited by Carla. The accounts of the financial year, which ended on 31 December 2010, showed that ABC Plc had made a profit of EUR1,000,000 when it should have shown a loss of EUR500,000. After seeing those accounts, Andrew bought more shares in ABC plc. Andrew later realised that the new shares he had bought were in fact worth much less than what he had paid for them.
Required:
Advise Carla whether she owes a duty of care to Andrew. (10 marks)
[简答题]Bahagia Sdn Bhd was incorporated in December 2009. The first annual general meeting (AGM) of the company was held in April 2011. Appu and his uncle Jim are members of Bahagia Sdn Bhd. Appu attended the meeting but Jim did not attend as he did not receive notice of the meeting. The company claims that no notice was sent to Jim due to an accidental omission. At the meeting two separate resolutions were passed, namely, to alter the company’s articles as well as to increase the company’s share capital. Both resolutions were passed by a 60% majority.
Required:
Advise Appu and Jim, who seek your advice on the following:(a) whether the company had breached the Companies Act 1965 in failing to hold an AGM in 2010. (3 marks)
[单项选择]Whose bag is it
A. Jack’s.
B. Lucy’s.
C. Mine.
