ACCA考试F4公司法与商法(Malaysia)真题2008年12月及答案解析.doc
《ACCA考试F4公司法与商法(Malaysia)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(Malaysia)真题2008年12月及答案解析.doc(7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(Malaysia)真题 2008 年 12 月及答案解析(总分:99.98,做题时间:180 分钟)一、ALL TEN questions ar(总题数:1,分数:0.00)In relation to the Malaysian legal system: (分数:10.00)(1).(a) Explain the structure of the court system. (8 marks) (分数:5.00)_(2).(b) State TWO advantages of having a hierarchy of courts. (2 marks)
2、(分数:5.00)_In relation to employment law: (分数:10.00)(1).(a) Explain what constitutes constructive dismissal. (4 marks) (分数:5.00)_(2).(b) State the remedies available to an employee who has been unjustifiably dismissed. (6 marks)(分数:5.00)_1.Explain, and illustrate with examples, FIVE grounds on which
3、a court may order the dissolution of a partnership under the Partnership Act 1961. (10 marks)(分数:10.00)_In relation to the law of contract, explain and distinguish the following terms of a contract: (分数:9.99)(1).(a) Conditions; (3 marks) (分数:3.33)_(2).(b) Warranties; (3 marks) (分数:3.33)_(3).(c) Inno
4、minate terms. (4 marks)(分数:3.33)_In relation to company law: (分数:10.00)(1).(a) Explain and distinguish between a fixed charge and a floating charge. (4 marks) (分数:5.00)_(2).(b) State FOUR DISADVANTAGES of a floating charge as a security to a lender. (6 marks)(分数:5.00)_In the context of company law e
5、xplain: (分数:10.00)(1).(a) how a director of a public company may be removed from office before the expiry of his term of office and the protection afforded by the Companies Act 1965 to such a director; and (7 marks) (分数:5.00)_(2).(b) whether your answer would differ if the director was a director of
6、 a private company. (3 marks)(分数:5.00)_(1).(a) Explain what is meant by corporate governance. (4 marks) (分数:5.00)_(2).(b) Part 1 of the Malaysian Code on Corporate Governance provides for broad principles of corporate governance. State THREE principles stated in the Code, relevant to directors. (6 m
7、arks)(分数:5.00)_Tanah Baru Sdn Bhd is a private limited company whose sole object is the manufacture of office furniture. Recently, the board of directors decided to expand its business to venture into ostrich farming. Pursuant to this decision the company purchased and obtained delivery of 2,000 ost
8、riches from Ostry Sdn Bhd at a cost of RM 1 million. They are contemplating purchasing another 2,000 ostriches in two months time. Madeline, a member of Tanah Baru Sdn Bhd, is completely opposed to the idea of ostrich farming as it is outside the scope of the objects of the company. Required: Advise
9、 Madeline on the following: (分数:9.99)(1).(a) whether the contract of Tanah Baru Bhd to purchase ostriches from Ostry Sdn Bhd can be challenged on the ground that it is outside the objects clause of the company and she could have the transaction set aside; (4 marks) (分数:3.33)_(2).(b) whether she coul
10、d successfully obtain an injunction against any party to prevent the contemplated purchase of another 2,000 ostriches in two months time; and (3 marks) (分数:3.33)_(3).(c) whether she could take legal action against any person to make that person compensate the company for any loss resulting from the
11、purchase of the ostriches. (3 marks)(分数:3.33)_2.Arjun, Bongsu and Chan are the directors of Cahaya Sdn Bhd, a company dealing in the export of timber. Last month, Arjun was sent to Japan on behalf of Cahaya Sdn Bhd to negotiate a contract with a Japanese company. Unfortunately the negotiations were
12、not successful, and it was made clear to Arjun that the Japanese company did not want to offer any contract to Cahaya Sdn Bhd. Arjun reported this to the board of directors upon his return. Two weeks later he resigned from the company and managed to secure the contract with the Japanese company in h
13、is own name. He has made a very substantial profit from this contract. Cahaya Sdn Bhd has now discovered this and wishes to sue Arjun for breach of fiduciary duty as a director and recover the profit he has made. Required: Advise Cahaya Sdn Bhd on the legal position. (10 marks)(分数:10.00)_Last month,
14、 Oldo attended an antique exhibition, where he saw a rare rosewood rocking chair made in 1825. It was in an excellent condition considering its age. He offered to buy the chair from its owner, Mr Kah Yu, for RM 5,000. Mr Kah Yu agreed to that price and said that it would be delivered to Oldo at his
15、home in one weeks time, when the exhibition ended. Oldo offered to pay him a deposit of RM 500 but Kah Yu refused saying that a deposit was not necessary and that the full purchase price could be paid upon delivery. However, Oldo did not hear from Kah Yu and therefore last week he telephoned Kah Yu
16、to enquire about the delay in delivery. Kah Yu replied that he had made a mistake as to the true value of the rocking chair. He said that the market value of the chair was RM 50,000 and that the price offered by Oldo was too low. Further, he had already sold and delivered the chair to another person
17、, Poh Tong, who had offered RM 55,000 for it. Required: Advise Oldo: (分数:10.00)(1).(a) whether Kah Yu can avoid liability for breach of the contract for the sale and purchase of the rocking chair on the ground that the consideration was inadequate; and (5 marks) (分数:5.00)_(2).(b) whether the court i
- 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 MALAYSIA 2008 12 答案 解析 DOC
