ACCA考试F4公司法与商法（Malta）真题2008年12月及答案解析.doc

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1、ACCA考试 F4公司法与商法（Malta）真题 2008年 12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).(a) In relation to the Maltese legal system, explain three fundamental human rights afforded protection under the Constitution of Malta. (3 marks) （分数：5.00）_(2).(b) Describe the effect of the adopt

2、ion of the European Convention on Human Rights and Fundamental Freedoms on Maltese law. (7 marks)（分数：5.00）_1.In relation to contract law, explain the internal requisite of capacity required for a valid contract. (10 marks)（分数：10.00）_2.In relation to contract law, analyse the effect of a breach of co

3、ntract. (10 marks)（分数：10.00）_3.In terms of the Employment and Industrial Relations Act, 2002, explain how employment may be terminated on the grounds of redundancy. (10 marks)（分数：10.00）_4.In terms of the Companies Act, 1995; (a) identify the contents of the partnership deeds of partnerships en nom c

4、ollectif and en commandite and; (6 marks) (b) explain how changes may be effected to the partnership en commandite and en nom collectif partnership deeds. (4 marks)（分数：10.00）_5.In terms of the Companies Act, 1995, explain the meaning and effect of limited liability of the shareholders of a private l

5、imited liability company. (10 marks)（分数：10.00）_6.In terms of company law, explain the role of the promoter of a limited liability company. (10 marks)（分数：10.00）_ABC Limited is registered with an authorised share capital of Eur5,000 and an issued share capital of Eur1,300, fully paid up. Required: （分数

6、：10.00）(1).(a) Distinguish between the authorised and issued share capital of a company and identify the minimum capital requirements at law for a private company. (4 marks) （分数：5.00）_(2).(b) Discuss how ABC Limited can increase its issued share capital to the amount of the authorised share capital

7、for a non-cash consideration. (6 marks)（分数：5.00）_GAM Statistics Limited is a company registered in Malta, which has as its sole director Matthew. The company is engaged in the development of software for the i-gaming industry and is doing extremely well. Matthew meets up with James, also a software

8、developer who has recently won a tender. James encourages Matthew to leave GAM Statistics and set up a company together. Required: （分数：10.00）(1).(a) In the light of the provisions of the Companies Act, 1995 explain the general duties of directors. (6 marks) （分数：5.00）_(2).(b) Advise Matthew what acti

9、on he should take with particular reference to the specific duties of directors not to compete with the company of which he is a director, and, to disclose any interest he may have in a contract with the company. (4 marks)（分数：5.00）_7.The share capital of Mastermind Limited is equally subscribed to b

10、y Peter and Paul. Business has been on the decline and they have been advised to place the company into liquidation. Peter would like to do so and appoint Paul as liquidator. Paul is concerned about accepting this appointment. Required: Advise Paul if he can be appointed liquidator and the powers he

11、 would exercise as liquidator before the company is struck off. (10 marks)（分数：10.00）_ACCA考试 F4公司法与商法（Malta）真题 2008年 12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).(a) In relation to the Maltese legal system, explain three fundamental human rights afforded protection under the

12、 Constitution of Malta. (3 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Describe the effect of the adoption of the European Convention on Human Rights and Fundamental Freedoms on Maltese law. (7 marks)（分数：5.00）_正确答案：( )解析：1.In relation to contract law, explain the internal requisite of capacity required for

13、a valid contract. (10 marks)（分数：10.00）_正确答案：( )解析：2.In relation to contract law, analyse the effect of a breach of contract. (10 marks)（分数：10.00）_正确答案：( )解析：3.In terms of the Employment and Industrial Relations Act, 2002, explain how employment may be terminated on the grounds of redundancy. (10 mar

14、ks)（分数：10.00）_正确答案：( )解析：4.In terms of the Companies Act, 1995; (a) identify the contents of the partnership deeds of partnerships en nom collectif and en commandite and; (6 marks) (b) explain how changes may be effected to the partnership en commandite and en nom collectif partnership deeds. (4 mar

15、ks)（分数：10.00）_正确答案：( )解析：5.In terms of the Companies Act, 1995, explain the meaning and effect of limited liability of the shareholders of a private limited liability company. (10 marks)（分数：10.00）_正确答案：( )解析：6.In terms of company law, explain the role of the promoter of a limited liability company.

16、(10 marks)（分数：10.00）_正确答案：( )解析：ABC Limited is registered with an authorised share capital of Eur5,000 and an issued share capital of Eur1,300, fully paid up. Required: （分数：10.00）(1).(a) Distinguish between the authorised and issued share capital of a company and identify the minimum capital require

17、ments at law for a private company. (4 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Discuss how ABC Limited can increase its issued share capital to the amount of the authorised share capital for a non-cash consideration. (6 marks)（分数：5.00）_正确答案：( )解析：GAM Statistics Limited is a company registered in Malta,

18、which has as its sole director Matthew. The company is engaged in the development of software for the i-gaming industry and is doing extremely well. Matthew meets up with James, also a software developer who has recently won a tender. James encourages Matthew to leave GAM Statistics and set up a com

19、pany together. Required: （分数：10.00）(1).(a) In the light of the provisions of the Companies Act, 1995 explain the general duties of directors. (6 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Advise Matthew what action he should take with particular reference to the specific duties of directors not to compete

20、with the company of which he is a director, and, to disclose any interest he may have in a contract with the company. (4 marks)（分数：5.00）_正确答案：( )解析：7.The share capital of Mastermind Limited is equally subscribed to by Peter and Paul. Business has been on the decline and they have been advised to pla

21、ce the company into liquidation. Peter would like to do so and appoint Paul as liquidator. Paul is concerned about accepting this appointment. Required: Advise Paul if he can be appointed liquidator and the powers he would exercise as liquidator before the company is struck off. (10 marks)（分数：10.00）_正确答案：( )解析：