试卷详情
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ACCA考试F4公司法与商法(Malta)真题2010年6月
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[简答题]In terms of the Companies Act, 1995, explain:
(a) the role of the Registrar of Companies in the registration process of a company; and (5 marks)
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[简答题]The directors of a company operating in the i-gaming sector are negotiating a take-over. It is expected that following the take-over, the share price will rise substantially. One of the directors, Peter, shares this information with his brother, John, and encourages him to buy shares prior to the take-over. John, in turn, shares the information with his colleague, David, at work.
Required:
(a) Explain the liability of Peter in sharing the information on the take-over with his brother John, and of John, who received this information; (7 marks)
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[简答题]In terms of the Companies Act, 1995, explain the manner in which partnerships en commandite and partnerships en nom collectif may be dissolved. (10 marks)
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[简答题]Under contract law, explain the effects resulting from the breach of a contract. (10 marks)
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[简答题]In terms of Maltese contract law, explain and distinguish between the external and internal essential requisites of a valid contract. (10 marks)
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[简答题]In terms of the Companies Act, 1995, explain:
(b) the role of the promoter of a limited liability company. (5 marks)
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[简答题]Andrew is a member of the board of directors of AP Limited. On Andrew’s insistence, six months ago AP Limited terminated a contract with BB Limited which provided IT support to AP Limited; two weeks later, AP Limited engaged ZZ Limited to provide IT support services to AP Limited. Andrew did not inform the board of directors of AP Limited that his girlfriend owned 40% of the shares of ZZ Limited and is a director of the same company; in fact he actively participated at the board of directors meeting at which it was decided that the contract for IT support services be awarded to ZZ Limited. Two months ago Andrew was appointed a member of the board of directors of ZZ Limited and he did not inform the board of directors of AP Limited of this fact. The board of directors of AP Limited has recently become aware of all these facts and come to you for advice.
Required:
(a) Explain whether Andrew has breached his duty as director for failing to disclose the fact that his girlfriend was a s
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[简答题]In terms of the Employment and Industrial Relations Act, 2002, explain the circumstances and the procedure to be followed, for an employer to terminate a defi nite contract of employment. (10 marks)
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[简答题]Under the Maltese judicial system, explain the rules which the Maltese courts normally apply in interpreting legislation. (10 marks)
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[简答题]In terms of the provisions of the Civil Code, explain the principal rights and obligations of the two parties to a mandate agreement. (10 marks)
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[简答题]Paul and John each hold 50% of the issued shares in PJ Limited. They are also the only directors of the company. During the past four months PJ Limited has been encountering fi nancial diffi culties and Paul and John believe that it is very unlikely that the situation will improve. Paul and John are thus seriously considering placing the company into liquidation and have been informed that they would have to prepare a declaration of solvency. Furthermore, six months ago the Court of Appeal confi rmed a judgement ordering PJ Limited to pay one of its creditors the sum of €10,000. To date this sum has not been paid.
Required:
(a) Explain if Paul and John can place PJ Limited into a members’ voluntary liquidation and prepare a declaration of solvency; (7 marks)