ACCA/CAT - F4 - 查题吧

P1
P4
P7
P2

问答题

In relation to the Labour Contract Law of China:<br>(a) explain the circumstances that make a labour contract invalid or partially invalid in the process of concluding it; (3 marks)<br>(b) explain the provisions contained in a labour contract that would be regarded as invalid or partially invalid; (3 marks)<br>(c) state the provisions concerning liquidated damages for breach of a labour contract by an employee that may be incorporated into a labour contract. (4 marks)

问答题

In relation to the basic legal system of China:<br>(a) explain the roles of judicial interpretations made by the Supreme People’s Court; (6 marks)<br>(b) state any one of the rules regarding the validity of a contract provided for in the judicial interpretations on the Contract Law by the Supreme People’s Court. (4 marks)

问答题

In relation to the Contract Law of China:<br>(a) explain the term ‘liquidated damages’, and state the legal nature of them; (2 marks)<br>(b) state the rules relating to the award of liquidated damages; (6 marks)<br>(c) state the rule relating to the award of liquidated damages for delay in performing the contractual obligation. (2 marks)

问答题

In relation to the Property Law of China:<br>(a) explain the term ‘right to use the land for construction’; (3 marks)<br>(b) state the forms to establish the right to use the land for construction; (3 marks)<br>(c) state the various forms of disposal in relation to the right to use the land for construction by the owner of such a right. (4 marks)

问答题

Due to the failure to settle the debts due, Jianshe Garment Trading Co Ltd (Jianshe Co) was declared bankrupt by its creditors. In October 2010 the court rendered an order to accept the application of bankruptcy and designated a bankruptcy administrator. During the process of bankruptcy liquidation the bankruptcy administrator found that Jianshe Co had given up a credit of RMB 200,000 yuan owed by its affiliate enterprise in August 2009.<br>The bankruptcy administrator also found that some shareholders of Jianshe Co failed to made full capital contributions as prescribed in the agreement of incorporation.<br>Required:<br>Answer the following questions in accordance with the Enterprise Bankruptcy Law of China, and give your reasons for your answer:<br>(a) (i) State whether the action of giving up credit can be revoked during the process of liquidation; (4 marks)<br>(ii) State whether the court should grant an order to revoke the act of giving up credit. (3 marks)<br>(b) State how to deal with the matter of the lack of full capital contributions by some of the shareholders of Jianshe Co. (3 marks)

问答题

In October 2008 Ronger Properties Joint Stock Co successfully issued corporate bonds of RMB 12 million yuan for three years. By the end of 2010 the net assets of Ronger Properties Joint Stock Co were RMB 80 million yuan. During the past two years it has been able to repay the interests due for the corporate bonds.<br>In order to expand its business, the board of directors of Ronger Properties Joint Stock Co adopted a resolution intending to issue another set of corporate bonds to the public investors.<br>Required:<br>Answer the following questions in accordance with the relevant provisions of the Securities Law of China, and give your reasons for your answer:<br>(a) State the maximum amount of corporate bonds Ronger Properties Joint Stock Co could issue for the proposed issuance. (5 marks)<br>(b) State whether the proposed issuance of corporate bonds should be underwritten by an underwriting syndicate. (4 marks)<br>(c) State the statutory period of underwriting for the proposed issuance. (1 mark)

问答题

In relation to corporate behaviour and legal liabilities:<br>(a) explain the term controlling shareholder under the Company Law of China; (3 marks)<br>(b) explain how the creditors may take legal action against the shareholder of a company for abusing the independent legal entity, and the doctrine of law for such legal action; (3 marks)<br>(c) explain the civil liabilities of the controlling shareholder for the damage of the company through affiliate trading. (4 marks)

问答题

In relation to the Enterprise Bankruptcy Law of China:<br>(a) state the various circumstances under which a creditors’ meeting shall be held; (4 marks)<br>(b) state the major functions and duties of the creditors’ committee. (6 marks)

问答题

In relation to the Contract Law of China:<br>(a) explain the term withdrawal of an offer; (2 marks)<br>(b) explain the term revocation of an offer; (2 marks)<br>(c) distinguish between withdrawal of an offer and revocation of an offer; (4 marks)<br>(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

In relation to the Company Law of China, explain the major rights of a shareholder of a limited liability company.

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