ACCA考试F4公司法与商法（Pakistan）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（Pakistan）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：10，分数：100.00)1.With reference to Articles 8 and 184 of the Constitution of Pakistan, 1973, discuss the constitutional safeguards available for the protection of the fundamental rights. (10 marks)（分数：10.00

2、）_2.In relation to the law of contract, analyse contingent contracts. (10 marks)（分数：10.00）_3.In relation to the law of partnership, describe the essentials of a partnership. (10 marks)（分数：10.00）_Under the Companies Ordinance, 1984, explain the following: （分数：10.00）(1).(i) Memorandum of Association;

3、(5 marks) （分数：5.00）_(2).(ii) Articles of Association. (5 marks)（分数：5.00）_4.In relation to the Companies Ordinance, 1984, state the powers and duties of the companys auditors. (10 marks)（分数：10.00）_In relation to the law of torts: （分数：10.00）(1).(a) Define the term tort. (2 marks) （分数：5.00）_(2).(b) Des

4、cribe the various kinds of tort. (8 marks)（分数：5.00）_In relation to employment laws, discuss the scope of: （分数：10.00）(1).(i) the Workmens Compensation Act, 1923; (5 marks) （分数：5.00）_(2).(ii) the Industrial Relations Ordinance, 2002. (5 marks)（分数：5.00）_5.Junaid paid Rs. 50,000 to Wellness Slimming Cen

5、tre (Centre) for a six weeks session of aerobics classes. During the first half of the session the aerobics instructor missed half of the scheduled classes and in the second half no classes were held due to non-availability of the instructor. Throughout the session Junaid and others complained to th

6、e Centres Manager, who promised to arrange classes to make up for the missed classes. However, this did not happen and the session expired. Thereafter, Junaid served a legal notice on the Centre calling for a refund of the fee deposited along with Rs. 1,000,000 as compensation for the mental anguish

7、 and loss of his time; otherwise he would initiate legal proceedings against them for the same. In response, the Centre apologised and offered Junaid the opportunity to join the next six weeks session free of charge. Required: Advise Junaid what legal action he can bring against the Centre and what

8、are the chances of its success. (10 marks)（分数：10.00）_6.Ali, Asad and Ameer have been carrying out an auto-parts business for the last seven years under a partnership arrangement in which the initial capital was contributed equally by them. They were jointly responsible for the management and all lia

9、bilities of the firm were shared equally by them. Now they want to convert their business arrangement from a partnership to a private company limited by shares in which Ali, Asad and Ameer shall hold 50%, 30% and 20% of the shares respectively. Required: Advise the three partners whether they can co

10、nvert their partnership arrangement into a private company limited by shares and, what effect will this change in the percentage balance of ownership have on their liabilities. (10 marks)（分数：10.00）_7.On 24 February 2006 Mr Hassan was appointed by the board of directors of XXL Ltd (a listed brokerage

11、 company) as the companys chief executive for a period of two years. Thereafter, the stock exchange boom occurred and Mrs Hassan also set up a brokerage company. This action on part of Mrs Hassan infuriated the board of directors of XXL Ltd and they passed a resolution by a three-fourths majority re

12、moving Mr Hassan from the office of the chief executive. Mr Hassan has threatened to take XXL Ltd to court for removing him from office before the expiration of his two year period. Required: Explain to Mr Hassan whether the boards act of removing him is valid or not. (10 marks)（分数：10.00）_ACCA 考试 F4

13、 公司法与商法（Pakistan）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：10，分数：100.00)1.With reference to Articles 8 and 184 of the Constitution of Pakistan, 1973, discuss the constitutional safeguards available for the protection of the fundamental rights. (10 marks)（分数：10.00）_正确答案：( )解

14、析：2.In relation to the law of contract, analyse contingent contracts. (10 marks)（分数：10.00）_正确答案：( )解析：3.In relation to the law of partnership, describe the essentials of a partnership. (10 marks)（分数：10.00）_正确答案：( )解析：Under the Companies Ordinance, 1984, explain the following: （分数：10.00）(1).(i) Memor

15、andum of Association; (5 marks) （分数：5.00）_正确答案：( )解析：(2).(ii) Articles of Association. (5 marks)（分数：5.00）_正确答案：( )解析：4.In relation to the Companies Ordinance, 1984, state the powers and duties of the companys auditors. (10 marks)（分数：10.00）_正确答案：( )解析：In relation to the law of torts: （分数：10.00）(1).(a

16、) Define the term tort. (2 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Describe the various kinds of tort. (8 marks)（分数：5.00）_正确答案：( )解析：In relation to employment laws, discuss the scope of: （分数：10.00）(1).(i) the Workmens Compensation Act, 1923; (5 marks) （分数：5.00）_正确答案：( )解析：(2).(ii) the Industrial Relatio

17、ns Ordinance, 2002. (5 marks)（分数：5.00）_正确答案：( )解析：5.Junaid paid Rs. 50,000 to Wellness Slimming Centre (Centre) for a six weeks session of aerobics classes. During the first half of the session the aerobics instructor missed half of the scheduled classes and in the second half no classes were held d

18、ue to non-availability of the instructor. Throughout the session Junaid and others complained to the Centres Manager, who promised to arrange classes to make up for the missed classes. However, this did not happen and the session expired. Thereafter, Junaid served a legal notice on the Centre callin

19、g for a refund of the fee deposited along with Rs. 1,000,000 as compensation for the mental anguish and loss of his time; otherwise he would initiate legal proceedings against them for the same. In response, the Centre apologised and offered Junaid the opportunity to join the next six weeks session

20、free of charge. Required: Advise Junaid what legal action he can bring against the Centre and what are the chances of its success. (10 marks)（分数：10.00）_正确答案：( )解析：6.Ali, Asad and Ameer have been carrying out an auto-parts business for the last seven years under a partnership arrangement in which the

21、 initial capital was contributed equally by them. They were jointly responsible for the management and all liabilities of the firm were shared equally by them. Now they want to convert their business arrangement from a partnership to a private company limited by shares in which Ali, Asad and Ameer s

22、hall hold 50%, 30% and 20% of the shares respectively. Required: Advise the three partners whether they can convert their partnership arrangement into a private company limited by shares and, what effect will this change in the percentage balance of ownership have on their liabilities. (10 marks)（分数

23、：10.00）_正确答案：( )解析：7.On 24 February 2006 Mr Hassan was appointed by the board of directors of XXL Ltd (a listed brokerage company) as the companys chief executive for a period of two years. Thereafter, the stock exchange boom occurred and Mrs Hassan also set up a brokerage company. This action on pa

24、rt of Mrs Hassan infuriated the board of directors of XXL Ltd and they passed a resolution by a three-fourths majority removing Mr Hassan from the office of the chief executive. Mr Hassan has threatened to take XXL Ltd to court for removing him from office before the expiration of his two year period. Required: Explain to Mr Hassan whether the boards act of removing him is valid or not. (10 marks)（分数：10.00）_正确答案：( )解析：