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.
The bankruptcy administrator also found that some shareholders of Jianshe Co failed to made full capital contributions as prescribed in the agreement of incorporation.
Required:
Answer the following questions in accordance with the Enterprise Bankruptcy Law of China, and give your reasons for your answer:
(a) (i) State whether the action of giving up credit can be revoked during the process of liquidation; (4 marks)
(ii) State whether the court should grant an order to revoke the act of giving up credit. (3 marks)
(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)
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.
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.
Required:
Answer the following questions in accordance with the relevant provisions of the Securities Law of China, and give your reasons for your answer:
(a) State the maximum amount of corporate bonds Ronger Properties Joint Stock Co could issue for the proposed issuance. (5 marks)
(b) State whether the proposed issuance of corporate bonds should be underwritten by an underwriting syndicate. (4 marks)
(c) State the statutory period of underwriting for the proposed issuance. (1 mark)
2001年,A省甲种子公司委托乙种子公司培育种子,在种子回收过程中,双方就如何确定种子的价格发生了纠纷。甲公司认为应该适用A省人大常委会制定的《A省农作物种子管理条例》(以下简称《种子条例》),该条例规定种子的价格执行省内指导价。乙公司认为应该适用《中华人民共和国种子法》(以下简称《种子法》),该法规定种子价格执行市场价。由于按照市场价计算出的种子价格比按照省内指导价计算出的种子价格高出数十万元,乙公司将甲公司起诉到A省C市中级人民法院。法院审理认为,《种子条例》作为法律位阶较低的地方性法规,其与《种子法》相冲突的条款自然无效。 请问: 若《种子条例》的规定与《种子法》的相关内容相抵触,根据立法法的规定,C市中级人民法院该如何处理?
若《种子条例》的规定与《种子法》的相关内容相抵触,根据宪法和立法法的规定,全国人大常委会能否改变或撤销《种子条例》的相关规定?为什么?
若《种子条例》的规定与《种子法》的相关内容相抵触,则A省人大常委会该如何处理?为什么?
请帮忙给出每个问题的正确答案和分析,谢谢!