问答题(b) Advise James of the procedure he must follow to pledge his shares in SunBliss Limited. (3 marks)
问答题In relation to company law, explain the doctrine of ‘lifting of the veil of incorporation’. (10 marks)
问答题(b) Explain the effect of the memorandum of association and articles of association, and the relationship between them. (4 marks)
问答题(d) state whether a contract is formed where an offer and a notice of withdrawal of the offer reach the offeree simultaneously. (2 marks)
问答题(b) Explain the headings under which such fiduciary duties can be considered. (5 marks)
问答题(b) The grounds, if any, upon which Betty may petition to the court to wind up the Company (3 marks)
问答题Within the context of the UN Convention on Contracts for the International Sale of Goods, explain the remedies available to the buyer for a breach of contract by the seller. (10 marks)
问答题Maria was employed by a company called Fungai Holdings (Pvt) Ltd for ten years as a marketing manager. In January 2008, her immediate boss the general manager deliberately refused to allocate her resources to use in her department. In February 2008, the general manager instructed the human resources manager to reallocate Maria’s office and vehicle to another employee. Between February 2008 and November 2008, she had no office and no vehicle and could not do any work. In December 2008, she was then dismissed for failure to perform her duties diligently.
Maria feels a sense of grievance and decides to come to you for advice.
Required:
In relation to employment law, discuss the remedies available to Maria. (10 marks)
问答题Under the Companies Ordinance, 1984, explain the content and effect of the memorandum of association of a company. (10 marks)
问答题In the context of company law, discuss the appointment procedure relating to, and the duties and powers of, a company secretary in a public company. (10 marks)
问答题(b) Explain the implications of a disqualifi cation order and state whether such a disqualifi cation order could be issued against Peter in his capacity as director. (5 marks)
问答题Anna is the executive responsible for information technology in –OAO- Target. Her senior colleagues asked her to participate in confidential discussions regarding the compatibility of the company’s information systems with those of a competitor. Representatives of both companies attended the meeting, and from the discussions that took place it
was obvious that the companies had entered into merger negotiations. Anna then purchased shares in both companies in anticipation of making a future capital gain.
Nikita inherited a large sum of money from his father. He invested this in the shares of his employer, which is a company listed on the stock exchange, bidding up its share price. Immediately after doing so, he sold the shares for a large profit.
Required:
Discuss the extent to which the actions of Anna and Nikita were legal and ethical. (10 marks)
问答题(c) Where a company may purchase its own shares, state the limitations and conditions that apply to such purchases. (3 marks)
问答题(b) Explain five ways in which a contract of employment may be terminated. (5 marks)
问答题(b) wrongful trading under s.214 of the Insolvency Act 1986. (5 marks)
问答题(b) List FOUR human rights afforded protection under the European Convention Act, 1987. (4 marks)
问答题The auditors of Dunce Ltd signed the balance sheet of the company, which grossly overstated the value of the stockin-trade, at the end of each year. The auditors had relied, without further enquiry, on certificates regarding the value of the stock-in-trade which were issued by the company secretary. The company has now gone into liquidation and it is clear that the company has no assets to pay its creditors. Empire Bank Ltd alleges that it relied on Dunce Ltd’s financial statements for increasing the overdraft facilities to it. The auditors are now being sued by Empire Bank to make good the loss it has suffered for not being able to recover the money advanced to Dunce Ltd.
Required:
Advise the auditors on their potential liability for professional negligence. (10 marks)
问答题(b) Discuss the role of the Inspection Committee in promoting good standards of corporate governance. (6 marks)
问答题(b) Guarantees. (6 marks)
问答题Rosa and Dimitri are the parents of two children.
Their daughter Anna is 17 years old and has asked her parents for permission to marry her boyfriend Alexei. Anna’s ext birthday is in 11 months’ time.
Their son Peter is 21 years old. He has had numerous personal problems, including convictions for theft. His various ddictions have also led him to steal from his family, causing considerable financial difficulties for them.
Required: