1、ACCA 考试 2008 年 6 月真题 F4(Vietnam)及答案解析(总分：99.99，做题时间：180 分钟)一、ALL TEN questions ar(总题数：1，分数：0.00)In relation to the Vietnamese legal system, explain the role of the following: （分数：10.00）(1).(a) Legislation. (5 marks) （分数：5.00）_(2).(b) Legal codes. (5 marks)（分数：5.00）_In relation to contract law: （分数：9
2、.99）(1).(a) Explain and distinguish between a bilateral contract and a unilateral contract. (4 marks) （分数：3.33）_(2).(b) Explain and distinguish between a principal contract and an ancillary contract. (3 marks) （分数：3.33）_(3).(c) Explain what is meant by a conditional contract. (3 marks)（分数：3.33）_In r
3、elation to employment law: （分数：10.00）(1).(a) Explain what is meant by redundancy. (4 marks) （分数：5.00）_(2).(b) Explain the obligations imposed by the Labour Code on an organisation that intends to dismiss employees on the grounds of redundancy. (6 marks)（分数：5.00）_In relation to the capital and financ
4、ing of shareholding companies: （分数：10.00）(1).(a) Explain the limitations imposed by the Law on Enterprises in respect of the payment of dividends. (5 marks) （分数：5.00）_(2).(b) Explain the responsibilities of the board of management in respect of the administration of dividend payments. (5 marks)（分数：5
5、.00）_In relation to the management and administration of companies: （分数：10.00）(1).(a) Explain the circumstances under which the management of a shareholding company is obliged to convene a general meeting of shareholders. (7 marks) （分数：5.00）_(2).(b) Explain the consequences of failing to convene a g
6、eneral meeting of shareholders when obliged to do so by the Law on Enterprises. (3 marks)（分数：5.00）_In relation to company insolvency: （分数：10.00）(1).(a) Explain the duties and powers of judges responsible for conducting insolvency proceedings. (4 marks) （分数：5.00）_(2).(b) Explain the duties and powers
7、 of a committee for the management and liquidation of assets. (6 marks)（分数：5.00）_In relation to corporate governance: （分数：10.00）(1).(a) Explain the matters that a shareholding company should include in its policy on corporate governance. (6 marks) （分数：5.00）_(2).(b) Identify any TWO characteristics o
8、f a shareholding company that make it especially important for management to apply good standards of corporate governance. (4 marks)（分数：5.00）_Thanh is the general director of Invest Company, which manufactures childrens toys. The business is growing rapidly, but it requires capital in order to devel
9、op its markets further. Thanh has explored two possible ways of raising capital. Action Bank is prepared to lend the necessary funds but insists on a legal mortgage over the factory as a condition for sanctioning a loan. Finance Bank is prepared to advance a larger sum of money without a mortgage bu
10、t requires a personal guarantee from Thanh, as it knows that Thanhs family is wealthy. Required: （分数：10.00）(1).(a) Advise Thanh on the nature of a legal mortgage and a personal guarantee. (6 marks) （分数：5.00）_(2).(b) With reference to the legal characteristics of these types of security, explain the
11、risks that Thanh should consider before taking his decision. (4 marks)（分数：5.00）_Trung and Pham were working together as the only two partners in an unlimited partnership. Their main business was the provision of building and renovation services to commercial properties. Their biggest project was car
12、rying out improvements on a hotel in their city. In ordering building materials needed for the work to be done, Trung placed an order for an excessive volume of materials in order to carry out work on his own behalf with the excess materials. The intention was to make a personal profit without Pham
13、being aware of this. However, Pham discovered that the excessive order had been placed and demanded that Trung give full details of this and any other transactions he had entered into. Trung refused to provide this information and resigned from the partnership immediately, stating that he would bear
14、 no further liability for the partnerships obligations. Only half of the work necessary to complete the hotel project has been done. Required: （分数：10.00）(1).(a) Advise whether Trung can resign from the partnership without incurring any obligations for the work carried out on the hotel and for accoun
15、ts payable by the partnership. (5 marks) （分数：5.00）_(2).(b) Advise on the actions that Pham can take to obtain full information on Trungs transactions and minimise any personal obligations that arise from the partnership. (5 marks)（分数：5.00）_1.Vinh has inherited a substantial sum of money from his fat
16、her and is considering various investments. A business colleague has suggested that company shares and bonds offer attractive long-term growth opportunities as well as a regular income. Vinh has been offered shares in ABC Company. However, although the price is attractive, the shares are partly paid
17、 and the company operates in the volatile technology sector. Vinh is also considering shares in the rapidly growing JKL Company but is concerned that the nominal value of the shares is one-quarter of the current market price. Vinhs business colleague suggests that this is nothing to worry about as t
18、he difference in price can be recovered from the company. Lastly, Vinh is considering bonds issued by XYZ Company, which offer a fixed rate of interest. However, Vinh is concerned that the return on the bonds does not appear to be as attractive as the shares that are available. Required: Explain the
19、 legal characteristics of the three alternative investments that should be considered by Vinh as a prospective investor. (10 marks)（分数：10.00）_ACCA 考试 2008 年 6 月真题 F4(Vietnam)答案解析(总分：99.99，做题时间：180 分钟)一、ALL TEN questions ar(总题数：1，分数：0.00)In relation to the Vietnamese legal system, explain the role of
20、 the following: （分数：10.00）(1).(a) Legislation. (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Legal codes. (5 marks)（分数：5.00）_正确答案：( )解析：In relation to contract law: （分数：9.99）(1).(a) Explain and distinguish between a bilateral contract and a unilateral contract. (4 marks) （分数：3.33）_正确答案：( )解析：(2).(b) Explai
21、n and distinguish between a principal contract and an ancillary contract. (3 marks) （分数：3.33）_正确答案：( )解析：(3).(c) Explain what is meant by a conditional contract. (3 marks)（分数：3.33）_正确答案：( )解析：In relation to employment law: （分数：10.00）(1).(a) Explain what is meant by redundancy. (4 marks) （分数：5.00）_正确
22、答案：( )解析：(2).(b) Explain the obligations imposed by the Labour Code on an organisation that intends to dismiss employees on the grounds of redundancy. (6 marks)（分数：5.00）_正确答案：( )解析：In relation to the capital and financing of shareholding companies: （分数：10.00）(1).(a) Explain the limitations imposed b
23、y the Law on Enterprises in respect of the payment of dividends. (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Explain the responsibilities of the board of management in respect of the administration of dividend payments. (5 marks)（分数：5.00）_正确答案：( )解析：In relation to the management and administration of com
24、panies: （分数：10.00）(1).(a) Explain the circumstances under which the management of a shareholding company is obliged to convene a general meeting of shareholders. (7 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Explain the consequences of failing to convene a general meeting of shareholders when obliged to do
25、 so by the Law on Enterprises. (3 marks)（分数：5.00）_正确答案：( )解析：In relation to company insolvency: （分数：10.00）(1).(a) Explain the duties and powers of judges responsible for conducting insolvency proceedings. (4 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Explain the duties and powers of a committee for the man
26、agement and liquidation of assets. (6 marks)（分数：5.00）_正确答案：( )解析：In relation to corporate governance: （分数：10.00）(1).(a) Explain the matters that a shareholding company should include in its policy on corporate governance. (6 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Identify any TWO characteristics of a s
27、hareholding company that make it especially important for management to apply good standards of corporate governance. (4 marks)（分数：5.00）_正确答案：( )解析：Thanh is the general director of Invest Company, which manufactures childrens toys. The business is growing rapidly, but it requires capital in order to
28、 develop its markets further. Thanh has explored two possible ways of raising capital. Action Bank is prepared to lend the necessary funds but insists on a legal mortgage over the factory as a condition for sanctioning a loan. Finance Bank is prepared to advance a larger sum of money without a mortg
29、age but requires a personal guarantee from Thanh, as it knows that Thanhs family is wealthy. Required: （分数：10.00）(1).(a) Advise Thanh on the nature of a legal mortgage and a personal guarantee. (6 marks) （分数：5.00）_正确答案：( )解析：(2).(b) With reference to the legal characteristics of these types of secur
30、ity, explain the risks that Thanh should consider before taking his decision. (4 marks)（分数：5.00）_正确答案：( )解析：Trung and Pham were working together as the only two partners in an unlimited partnership. Their main business was the provision of building and renovation services to commercial properties. T
31、heir biggest project was carrying out improvements on a hotel in their city. In ordering building materials needed for the work to be done, Trung placed an order for an excessive volume of materials in order to carry out work on his own behalf with the excess materials. The intention was to make a p
32、ersonal profit without Pham being aware of this. However, Pham discovered that the excessive order had been placed and demanded that Trung give full details of this and any other transactions he had entered into. Trung refused to provide this information and resigned from the partnership immediately
33、, stating that he would bear no further liability for the partnerships obligations. Only half of the work necessary to complete the hotel project has been done. Required: （分数：10.00）(1).(a) Advise whether Trung can resign from the partnership without incurring any obligations for the work carried out
34、 on the hotel and for accounts payable by the partnership. (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Advise on the actions that Pham can take to obtain full information on Trungs transactions and minimise any personal obligations that arise from the partnership. (5 marks)（分数：5.00）_正确答案：( )解析：1.Vinh has
35、 inherited a substantial sum of money from his father and is considering various investments. A business colleague has suggested that company shares and bonds offer attractive long-term growth opportunities as well as a regular income. Vinh has been offered shares in ABC Company. However, although t
36、he price is attractive, the shares are partly paid and the company operates in the volatile technology sector. Vinh is also considering shares in the rapidly growing JKL Company but is concerned that the nominal value of the shares is one-quarter of the current market price. Vinhs business colleague
37、 suggests that this is nothing to worry about as the difference in price can be recovered from the company. Lastly, Vinh is considering bonds issued by XYZ Company, which offer a fixed rate of interest. However, Vinh is concerned that the return on the bonds does not appear to be as attractive as the shares that are available. Required: Explain the legal characteristics of the three alternative investments that should be considered by Vinh as a prospective investor. (10 marks)（分数：10.00）_正确答案：( )解析：
