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关于股份制商业银行的下列说法中错误的是()。
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The board of directors of Harvest Technology Joint Stock Company Ltd (Harvest Stock), a listed company, formulated a plan to issue corporate bonds through the securities market. Among other things, the plan included the following items:
(i) A securities company would be entrusted to be the sole underwriter to issue corporate bonds for RMB 70 million yuan;
(ii) The entire period of the public issue would be 100 days;
(iii) The interest rate of the bonds would be 5%, same as the annual fixed interest rate of saving deposit for one year;
(iv) The funds collected by the issue of corporate bonds would be used to make up the losses of the last year.
Required:
Answer the following questions in accordance with the Securities Law, and give your reasons for your answers:
(a) state whether the form. of issue of corporate bonds was in conformity with the relevant provision of the law; (4 marks)
(b) state whether the duration of the issue was in conformity with the relevant provision of the law; (2 marks)
(c) state whether the proposed interest rate of the corporate bonds was in conformity with the relevant provision of the law; (2 marks)
(d) state whether the purpose of use of the funds was in conformity with the relevant provision of the law. (2 marks)
In relation to corporate behaviour and legal liabilities:
(a) explain the doctrine of independent legal entity of a company; (4 marks)
(b) state the system of disregard of corporate personality; (3 marks)
(c) state the liabilities of a shareholder for abusing the doctrine of independent legal entity of a company. (3 marks)
Mr Ding picked up a handbag lost by somebody when he was walking in the park. There was lots of cash, some bills of exchange and a set of commercial documents in the handbag. Mr Ding found, from the information on the documents, the owner of this handbag was Ms Liang and contacted her.
On the day, as fixed by Mr Ding and Ms Liang via exchange of communications, Ms Liang went to Mr Ding’s home to take back the handbag. Before handing over the handbag to Ms Liang, however, Mr Ding requested a sum of cash as a reward for his kindness and efforts to return the lost handbag. Ms Liang refused to give the reward.
Required:
Answer the following questions in accordance with the Property Law, and give your reasons for your answer:
(a) state whether Mr Ding was entitled to request a reward for returning the lost handbag; (3 marks)
(b) if Ms Liang had put up an advertisement offering a reward for the successful find of the lost property, state whether she could refuse to grant the reward if she learnt that Mr Ding did not see the advertisement; (4 marks)
(c) assuming Mr Ding could not find the owner and turned the handbag over to the police who then published an announcement of finding of the lost property in the newspaper, state how to deal with the handbag where nobody claimed it. (3 marks)
In relation to the Enterprise Bankruptcy Law of China:
(a) explain under what circumstances and when the community liabilities will take place; (3 marks)
(b) state when the community liabilities can be cleared in the process of bankruptcy liquidation; (2 marks)
(c) state at least TWO items which should be regarded as community liabilities. (5 marks)
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