ACCA考试F4公司法与商法(China)真题2008年12月及答案解析.doc
《ACCA考试F4公司法与商法(China)真题2008年12月及答案解析.doc》由会员分享,可在线阅读,更多相关《ACCA考试F4公司法与商法(China)真题2008年12月及答案解析.doc(9页珍藏版)》请在麦多课文档分享上搜索。
1、ACCA考试 F4公司法与商法(China)真题 2008年 12月及答案解析(总分:99.92,做题时间:180 分钟)一、ALL TEN questions ar(总题数:10,分数:100.00)In relation to the jurisdiction rules under the Civil Procedures Law of China: (分数:9.99)(1).(a) Explain the term jurisdiction by forum level, and general rules under jurisdiction by forum level. (3 m
2、arks) (分数:3.33)_(2).(b) Explain the jurisdictional rule concerning forum level in major cases involving foreign elements. (1 mark) (分数:3.33)_(3).(c) Explain the different categories of court jurisdiction, other than the jurisdiction by forum level, over civil and commercial disputes. (6 marks)(分数:3.
3、33)_In relation to the Property Law of China: (分数:10.00)(1).(a) State the legal effects of immovable registration on contracts involving the disposal of immovables. (4 marks) (分数:5.00)_(2).(b) State the various legal remedies for an interest holder or stakeholder where the information on the immovab
4、le registry is incorrect. (6 marks)(分数:5.00)_In relation to the Securities Law of China: (分数:9.99)(1).(a) Explain takeover of a listed company by offer. (3 marks) (分数:3.33)_(2).(b) State the report requirements for a purchaser who intends to take over a listed company by offer. (3 marks) (分数:3.33)_(
5、3).(c) State the various restrictions on the purchaser when he commences procedures for taking over a listed company by offer. (4 marks)(分数:3.33)_In relation to the Company Law and the Criminal Law of China: (分数:10.00)(1).(a) State the fraudulent behaviour that may be deemed as a crime in the course
6、 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) (分数:5.00)_(2).(b) State the fraudulent behaviour that may be deemed as a crime in the operation of a company in relation to corporate financing, and
7、the various elements to be proven for such a crime. (5 marks)(分数:5.00)_In relation to the Contract Law of China: (分数:9.99)(1).(a) Explain the term expected profit in terms of damages. (3 marks) (分数:3.33)_(2).(b) State the conditions to be met for a party to claim damages in a breach of contract. (4
8、marks) (分数:3.33)_(3).(c) State the statutory obligations upon the party who claims damages in a breach of contract. (3 marks)(分数:3.33)_In relation to the Enterprise Bankruptcy Law of China: (分数:9.99)(1).(a) Explain the term bankruptcy administrator and how one can be appointed. (4 marks) (分数:3.33)_(
9、2).(b) State the qualifications of a bankruptcy administrator. (3 marks) (分数:3.33)_(3).(c) State the persons who are NOT permitted to be appointed as a bankruptcy administrator. (3 marks)(分数:3.33)_In relation to the Labour Contract Law of China: (分数:9.99)(1).(a) Explain the term and the purpose of a
10、 non-competition clause in a labour contract. (4 marks) (分数:3.33)_(2).(b) State the precondition for a non-competition clause in a labour contract to be effective. (3 marks) (分数:3.33)_(3).(c) State the restriction on the duration of time for a non-competition clause in a labour contract. (3 marks)(分
11、数:3.33)_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 a
12、nd 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 pa
13、rties. 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 RM
14、B 10 million yuan. The mortgage agreement, registered by the parties, stipulated that if Dongda failed to pay off the principal and interest, the building would be automatically transferred to Investment Co. In doing so Dongda did not notify this transaction to Guanghua. Due to its unsuccessful new
15、business, Dongda was unable to repay the principal and interest, Investment Co requested the transfer of the ownership of the building in light of the mortgage agreement but was refused by Dongda. Investment Co filed a lawsuit requesting the court to support this transfer. Having heard this informat
16、ion Guanghua also took a legal action based on the cooperation agreement, requesting the court to confirm its ownership to the building. Required: Answer the following questions in accordance with the relevant provisions of the Property Law of China and give your reasons for your answers:(分数:9.99)(1
17、).(a) State whether Investment Co was a lawful mortgagee to the building. (3 marks) (分数:3.33)_(2).(b) State whether Guanghua should have ownership over half of the building as a co-owner to the building. (3 marks) (分数:3.33)_(3).(c) State whether the building should be transferred to Investment Co be
18、cause of the failure by Dongda to repay the principal and interest. (4 marks)(分数:3.33)_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 int
- 1.请仔细阅读文档,确保文档完整性,对于不预览、不比对内容而直接下载带来的问题本站不予受理。
- 2.下载的文档,不会出现我们的网址水印。
- 3、该文档所得收入(下载+内容+预览)归上传者、原创作者;如果您是本文档原作者,请点此认领!既往收益都归您。
下载文档到电脑,查找使用更方便
5000 积分 0人已下载
下载 | 加入VIP,交流精品资源 |
- 配套讲稿:
如PPT文件的首页显示word图标,表示该PPT已包含配套word讲稿。双击word图标可打开word文档。
- 特殊限制:
部分文档作品中含有的国旗、国徽等图片,仅作为作品整体效果示例展示,禁止商用。设计者仅对作品中独创性部分享有著作权。
- 关 键 词:
- ACCA 考试 F4 公司法 商法 CHINA 2008 12 答案 解析 DOC
![提示](http://www.mydoc123.com/images/bang_tan.gif)