问答题(b) Advise Edward. (5 marks)
问答题(b) Explain and distinguish between the rights of a shareholder and the rights of a holder of an unsecured debenture in a company. (6 marks)
问答题In relation to the law of agency, explain the role of the agent and provide examples of agency relationships. (10 marks)
问答题(b) Explain the role of the special controller in such a procedure. (5 marks)
问答题In relation to the Maltese legal system, distinguish between the primary and secondary sources of law. (10 marks)
问答题(b) Explain the extent to which Bao and his fellow shareholders can infl uence the dividend distributed to shareholders. (4 marks)
问答题(b) Explain the alternative outcomes that may arise once the work of an external manager has been completed. (4 marks)
问答题(b) compulsory liquidation. (5 marks)
问答题(b) Discuss the potential accountability of Tamara and the other directors of –OAO- Relax for the losses sustained by the company. (5 marks)
问答题(c) Explain whether Alexei can take any action against Rosa for breaking the terms of the partnership agreement. (3 marks)
问答题(b) torts and quasi-torts. (5 marks)
问答题In the context of companies in financial difficulty, explain the meaning, effect and rules relating to the operation of administration as an alternative to winding up. (10 marks)
问答题Smith has been an employee of the company for two years. The company has just discovered that Smith had stolen the property of the company several times.
Required:
(b) In relation to employment law, advise the company as to whether any notice period is required for the company to terminate the employment contract between the company and Smith by reason of the misbehaviour of Smith. (5 marks)
问答题(b) Explain the obligations imposed by the Labour Code on an organisation that intends to dismiss employees on the grounds of redundancy. (6 marks)
问答题ABC Limited is a private company limited by shares, which has adopted Table A as its articles of association. The authorised and issued share capital of ABC Limited is EUR 10,000 divided into 5,000 Class ‘A’ shares of EUR 1 each and 5,000 Class ‘B’ shares of EUR 1 each. Class ‘A’ shares enjoy preferential rights over dividends and repayment of capital. Mary holds 4,000 Class ‘A’ shares and 4,000 Class ‘B’ shares; Tim holds 500 Class ‘A’ shares and 1,000 Class ‘B’ shares; and John holds 500 Class ‘A’ shares. Mary wishes to remove the preferential rights attached to Class ‘A’ shares but Tim opposes.
Required:
Advise Tim. (10 marks)
问答题Celine and Daniel agree that Celine will purchase Daniel’s apartment in Eras Street for EUR80.000. On the basis of her agreement with Daniel, Celine enrols her three-year old son in the nursery school across from Eras Street, for which she pays the annual fees in advance. Daniel then informs Celine that he does not wish to sell his apartment in Eras Street.
Required:
Advise Celine as to the remedies available to her against Daniel. (5 marks)
问答题With reference to the laws and regulations on money laundering, describe the provisions applicable to auditors and legal advisors. (10 marks)
问答题(b) state the rule of settlement of bankrupt expenses and the community liabilities during the liquidation process. (4 marks)
问答题Edwin was the managing director of a company that ran a chain of fast food restaurants. In one of the board meetings, one of the directors informed the board that a certain building on President Street was available at a reasonable price. This building was near a large, fairly new shopping mall, and in all probability would attract a lot of potential customers. The board, however, decided that because of the economic climate it was not a good time to make such an investment. Three months later Edwin resigned from the board, bought the building and opened his own fast food restaurant.
Required:
Advise the company whether it would be entitled to acquire the building from Edwin, and also to claim the profits the restaurant may make. (10 marks)
问答题Eleni and Panicos are the directors of Best Toys Ltd, a private limited liability company trading in the toy industry. Both Eleni and Panicos are employed by Best Toys Ltd on a three-year contract, which started in January 2006. In November 2008, Eleni left on maternity leave. Julia, who is the majority shareholder of Best Toys Ltd, wishes to replace Eleni because she considers her services to be inadequate.
Required:
Advise Julia. (10 marks)