问答题In relation to employment law, describe the scope of the Workmen’s Compensation Act, 1923. (10 marks)

问答题(b) State SIX principal responsibilities of the board of directors in relation to Best Practices in Corporate Governance, as recommended in the Malaysian Code on Corporate Governance. (6 marks)

问答题(b) volenti non fit injuria (consent). (5 marks)

问答题(c) State the legal nature of the department store’s public notice indicating the time limit for cashing the bonus after the lucky-draw and whether the notice was in accordance with the law. (4 marks)

问答题(b) (i) who is an approved company auditor under the Companies Act 1965; and (2 marks) (ii) the persons who are empowered under the Companies Act 1965 to appoint the auditors of a company. (3 marks)

问答题DKR Ltd is a holding company with investments in Russia. The memorandum of association of DKR Ltd provides that the company may only invest in Russia. Dan is the sole director of DKR Ltd and has signed an agreement on behalf of DKR Ltd for the purchase of immoveable property in Ukraine. Dan further contemplates entering into future investments on behalf of DKR Ltd in other European countries. Required: Advise Dan as to the legal effect of his action and the consequences for his proposed future investments. (10 marks)

问答题(b) revocation of an offer. (4 marks)

问答题David has been a director in EFK Ltd for the past fi ve years. EFK Ltd is a private limited liability company which is involved in the business of land developing. David has been offered a job at Best Construction Ltd, which carries on business in the same industry. While still a director of EFK Ltd, Eric approaches David in order to negotiate a contract for the provision of services in relation to building a block of fl ats. After fi nalising the deal with Eric, David quits from the position of director of EFK Ltd and joins Best Construction Ltd. Best Construction Ltd provides the services under the deal negotiated with Eric and makes a profi t of EUR100,000. Required: Advise EFK Ltd as to the remedies, if any, available to them. (10 marks)

问答题The statutory documents of a company, QU Limited, provide for two classes of shares, with each class of shareholders having the right to appoint up to two directors on the board of directors. The class A shareholders hold a majority of the issued shares and are to resolve that the rights of the class B shareholders be modified and shall only have the right to appoint one director. Required: Explain whether the holders of the class A shares can unilaterally resolve to vary the rights attached to the class B shares. (10 marks)

问答题(a) the legality of the dividend payment; and (6 marks)

问答题Cooper was the managing director of a company which ran a chain of take-away restaurants. In one of the board meetings, one of the directors informed the board that a certain building on Kingsway was available at a reasonable price and that it was ideally located for a thriving restaurant business. Since the company’s financial resources were somewhat strained at that time, it could not purchase that building. A little later, Cooper resigned from the managing directorship and then purchased the building to run a take-away restaurant. Required: In the context of the above information, advise the company if it would be entitled to acquire the building back from Cooper, or claim the profits that the restaurant might generate. (10 marks)

问答题(b) Describe the matters that must be considered by the initial meeting of creditors of an insolvent company. (5 marks)

问答题In terms of the law of contract, explain the doctrine of privity of contract. (10 marks)

问答题(c) his debentures. (4 marks)

问答题Greg is a member of the board of directors of Huge plc. He also controls a private limited company Imp Ltd through which he operates a management consultancy business. He also owns all the shares in Jet Ltd through which he conducts an investment business. When Greg learns that Huge plc are going to make a take-over bid for Kop plc he arranges for Jet Ltd to buy a large number of shares in Kop plc on the London Stock Exchange on which it makes a large profit when it sells them after the takeover bid is announced. He then arranges for Jet Ltd to transfer the profit to Imp Ltd as the charge for supposed consultancy work. The money is then transferred to Greg through the declaration of dividends by Imp Ltd. Required: Analyse the above conduct from the perspective of criminal law paying particular attention to the issues of: (a) insider dealing; and (5 marks) (b) money laundering. (5 marks)

问答题Kundai Mamoyo was employed as a sub-accountant by an Environmental Non-Governmental Organisation (NGO) called Green Strategies. After a probationary period of three months she was confi rmed as a permanent full-time employee with effect from 1 May 2008. According to her conditions of service she was entitled to 30 days’ vacation leave every year and at the end of each November she would be entitled to an annual bonus of US$1,000·00, which was the equivalent of her monthly salary. On 1 August 2009 she applied for 30 days’ leave to travel to Hong Kong on vacation. Her immediate superior, the accountant signed the leave forms and the Executive Director of the organisation Tamari Ngwarai, who in terms of the organisation’s policies and procedures was supposed to approve all applications for leave by all levels of staff, also signed them. The proposed dates of her vacation were from 1 September until 30 September 2009. A week before she was due to go on leave, she was informed by her immediate boss, the accountant that the Executive Director had decided to revoke Kundai’s leave and that she could not travel to Hong Kong because there was a lot of work that needed to be done in the offi ce. She did however still go on vacation. Upon her return to work on 1 October 2009 she was handed a suspension letter. The disciplinary hearing was convened on 1 November 2009. Kundai was found guilty of being absent from work without leave during the month of September 2009. She was denied her bonus for 2009 and as part of the disciplinary Tribunal’s judgment she was demoted to the position of bookkeeper. Kundai feels a deep sense of grievance over her treatment. Required: In relation to employment law in Zimbabwe, advise Kundai, who desires to obtain relief from the courts over her treatment by the company. (10 marks)

问答题(c) Explain the role of codes within the overall framework of Russian law. (4 marks)

问答题In relation to company law, discuss the duties of care and skill that are owed by directors to their companies. (10 marks)

问答题(c) Explain whether or not the articles of association of Glad Ltd can be altered as proposed.(2 marks)

问答题(b) Explain and distinguish a share from a debenture. (5 marks)