1、ACCA 考试 F4 公司法与商法（South+Africa）真题 2010 年 6 月及答案解析(总分：100.00，做题时间：180 分钟)一、ALL TEN questions ar(总题数：1，分数：0.00)1.In relation to the legal system, explain the Bill of Rights, as contained in the Constitution of South Africa. (10 marks)（分数：10.00）_2.In relation to the law of agency, explain how the agenc
2、y relationship is established. (10 marks)（分数：10.00）_3.In relation to the law of contract, explain the concept of the intention to be bound by a contract. (10 marks)（分数：10.00）_4.In relation to employment law, discuss the protection of employees against unfair discrimination. (10 marks)（分数：10.00）_5.In
3、 relation to the law of delict, explain the concept of fault. (10 marks)（分数：10.00）_6.In the context of company law, discuss the appointment procedure relating to, and the duties and powers of, a company secretary in a public company. (10 marks)（分数：10.00）_In relation to company law, explain what is m
4、eant by: （分数：10.00）(1).(a) insider dealing. (5 marks) （分数：5.00）_(2).(b) fraudulent trading. (5 marks)（分数：5.00）_7.Andrew, Ben and Cynthia are partners who own a bakery. Andrews contribution to the partnership is his labour and his skills to decorate wedding cakes. Ben contributed a sum of money, whil
5、st Cynthia works full-time in the bakery as a manager. The partnership made a small profi t last year but the partners are unable to agree on how to distribute it. Required: Advise the partners on the validity of the agreement and the distribution of profi ts. (10 marks)（分数：10.00）_8.Dube and Eddy ar
6、e members of Fragrance CC. Dube recently discovered that Eddy neglected to pay one of the suppliers of Fragrance CC timeously, causing the supplier to cancel all of its orders. Fragrance CC stands to lose quite a lot of money as it will not have enough merchandise to sell during the upcoming holiday
7、 season. Dube also found out that Eddy has privately been selling Fragrance CC merchandise, in direct competition to the company. Required: Advise Dube on fi duciary duties and duties of care and skill owed by the members of a close corporation to their corporation. (10 marks)（分数：10.00）_9.Greenacres
8、 (Pty) Ltd has three shareholders: Henry, Irma and John. Irma and John are married. All three shareholders are also directors of the company. John recently discovered that Henry and Irma are having an affair. John now refuses to fulfi l his required directorial obligations, such as attending board m
9、eetings and signing cheques on behalf of the company. It has become increasingly obvious that it is no longer possible for the company to function appropriately or to conduct any business. Required: Advise the parties, and discuss the circumstances in which a court may wind-up a company on the groun
10、ds that it is just and equitable to do so. (10 marks)（分数：10.00）_ACCA 考试 F4 公司法与商法（South+Africa）真题 2010 年 6 月答案解析(总分：100.00，做题时间：180 分钟)一、ALL TEN questions ar(总题数：1，分数：0.00)1.In relation to the legal system, explain the Bill of Rights, as contained in the Constitution of South Africa. (10 marks)（分数：1
11、0.00）_正确答案：( )解析：2.In relation to the law of agency, explain how the agency relationship is established. (10 marks)（分数：10.00）_正确答案：( )解析：3.In relation to the law of contract, explain the concept of the intention to be bound by a contract. (10 marks)（分数：10.00）_正确答案：( )解析：4.In relation to employment l
12、aw, discuss the protection of employees against unfair discrimination. (10 marks)（分数：10.00）_正确答案：( )解析：5.In relation to the law of delict, explain the concept of fault. (10 marks)（分数：10.00）_正确答案：( )解析：6.In the context of company law, discuss the appointment procedure relating to, and the duties and
13、powers of, a company secretary in a public company. (10 marks)（分数：10.00）_正确答案：( )解析：In relation to company law, explain what is meant by: （分数：10.00）(1).(a) insider dealing. (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) fraudulent trading. (5 marks)（分数：5.00）_正确答案：( )解析：7.Andrew, Ben and Cynthia are partners
14、 who own a bakery. Andrews contribution to the partnership is his labour and his skills to decorate wedding cakes. Ben contributed a sum of money, whilst Cynthia works full-time in the bakery as a manager. The partnership made a small profi t last year but the partners are unable to agree on how to
15、distribute it. Required: Advise the partners on the validity of the agreement and the distribution of profi ts. (10 marks)（分数：10.00）_正确答案：( )解析：8.Dube and Eddy are members of Fragrance CC. Dube recently discovered that Eddy neglected to pay one of the suppliers of Fragrance CC timeously, causing the
16、 supplier to cancel all of its orders. Fragrance CC stands to lose quite a lot of money as it will not have enough merchandise to sell during the upcoming holiday season. Dube also found out that Eddy has privately been selling Fragrance CC merchandise, in direct competition to the company. Required
17、: Advise Dube on fi duciary duties and duties of care and skill owed by the members of a close corporation to their corporation. (10 marks)（分数：10.00）_正确答案：( )解析：9.Greenacres (Pty) Ltd has three shareholders: Henry, Irma and John. Irma and John are married. All three shareholders are also directors o
18、f the company. John recently discovered that Henry and Irma are having an affair. John now refuses to fulfi l his required directorial obligations, such as attending board meetings and signing cheques on behalf of the company. It has become increasingly obvious that it is no longer possible for the company to function appropriately or to conduct any business. Required: Advise the parties, and discuss the circumstances in which a court may wind-up a company on the grounds that it is just and equitable to do so. (10 marks)（分数：10.00）_正确答案：( )解析：
