ACCA考试F4公司法与商法（Malta）真题2011年12月及答案解析.doc

1、ACCA 考试 F4 公司法与商法（Malta）真题 2011 年 12 月及答案解析(总分：100.00，做题时间：180 分钟)一、ALL TEN questions ar(总题数：10，分数：100.00)In relation to the Maltese legal system: （分数：10.00）(1).(a) Explain the impact of the adoption of the European Convention on Human Rights and Fundamental Freedoms into Maltese law; (6 marks) （分数：

2、5.00）_(2).(b) List FOUR human rights afforded protection under the European Convention Act, 1987. (4 marks)（分数：5.00）_1.In terms of the law of contract, explain the doctrine of privity of contract. (10 marks)（分数：10.00）_2.In terms of contract law, explain and distinguish between contracts and quasi-co

3、ntracts, torts and quasi-torts. (10 marks)（分数：10.00）_3.In terms of the Companies Act, 1995, distinguish between a private limited liability company and a private exempt limited liability company. (10 marks)（分数：10.00）_4.Under civil law, explain the rights of the parties to a contract of mandate. (10

4、marks)（分数：10.00）_In terms of the Companies Act, 1995: （分数：10.00）(1).(a) describe who can be considered a shadow director; (4 marks) （分数：5.00）_(2).(b) explain the procedure for the removal of a company auditor. (6 marks)（分数：5.00）_5.In terms of the Companies Act, 1995, explain the procedure for shares

5、 of a limited liability company to be pledged in favour of a creditor. (10 marks)（分数：10.00）_In 2008, the recession hit the main markets to which Xejn Limited exported its products, namely South Asia. As a result, orders were reduced dramatically. The company had a workforce of over 300 people. Manag

6、ement introduced a four day week but even this measure did not significantly improve the companys financial position. The management of Xejn Limited had no alternative but to reduce the workforce of the local plant by 50% in order to improve its financial stability and ensure that the company did no

7、t close down. Required: （分数：10.00）(1).(a) Explain whether the management of Xejn Limited can terminate the employment of half its workforce on the grounds of redundancy. (4 marks) （分数：5.00）_(2).(b) Explain whether termination of employment at Xejn Limited constitutes collective redundancy. (6 marks)

8、分数：5.00）_ABC Limited has been unable to pay its debts for several months. Rumours have been circulating for weeks that the shareholders would be convening a meeting to place the company into voluntary liquidation. Creditors are anxious and some of the larger ones wish to take action against the com

9、pany. They have made their position known to the shareholders of ABC Limited. Required: （分数：10.00）(1).(a) Advise the shareholders of ABC Limited on what action they should take due to the financial position of the company. (3 marks) （分数：5.00）_(2).(b) If you were asked to advise the creditors what ad

10、vice would you give them as to the action they may take against the directors of ABC Limited, given that it has continued to accumulate losses. (7 marks)（分数：5.00）_6.Mark wants to buy a particular painting. He makes his request known to an art dealer who sells him the painting, providing him with a c

11、ertificate guaranteeing the authenticity of the painting. Several months later, Mark has the painting valued and he is informed that the painting is a fake. Required: Advise Mark whether he may take action against the art dealer to invalidate the contract of purchase of the painting. (10 marks)（分数：1

12、0.00）_ACCA 考试 F4 公司法与商法（Malta）真题 2011 年 12 月答案解析(总分：100.00，做题时间：180 分钟)一、ALL TEN questions ar(总题数：10，分数：100.00)In relation to the Maltese legal system: （分数：10.00）(1).(a) Explain the impact of the adoption of the European Convention on Human Rights and Fundamental Freedoms into Maltese law; (6 marks)

13、 （分数：5.00）_正确答案：( )解析：(2).(b) List FOUR human rights afforded protection under the European Convention Act, 1987. (4 marks)（分数：5.00）_正确答案：( )解析：1.In terms of the law of contract, explain the doctrine of privity of contract. (10 marks)（分数：10.00）_正确答案：( )解析：2.In terms of contract law, explain and dist

14、inguish between contracts and quasi-contracts, torts and quasi-torts. (10 marks)（分数：10.00）_正确答案：( )解析：3.In terms of the Companies Act, 1995, distinguish between a private limited liability company and a private exempt limited liability company. (10 marks)（分数：10.00）_正确答案：( )解析：4.Under civil law, expl

15、ain the rights of the parties to a contract of mandate. (10 marks)（分数：10.00）_正确答案：( )解析：In terms of the Companies Act, 1995: （分数：10.00）(1).(a) describe who can be considered a shadow director; (4 marks) （分数：5.00）_正确答案：( )解析：(2).(b) explain the procedure for the removal of a company auditor. (6 marks

16、)（分数：5.00）_正确答案：( )解析：5.In terms of the Companies Act, 1995, explain the procedure for shares of a limited liability company to be pledged in favour of a creditor. (10 marks)（分数：10.00）_正确答案：( )解析：In 2008, the recession hit the main markets to which Xejn Limited exported its products, namely South As

17、ia. As a result, orders were reduced dramatically. The company had a workforce of over 300 people. Management introduced a four day week but even this measure did not significantly improve the companys financial position. The management of Xejn Limited had no alternative but to reduce the workforce

18、of the local plant by 50% in order to improve its financial stability and ensure that the company did not close down. Required: （分数：10.00）(1).(a) Explain whether the management of Xejn Limited can terminate the employment of half its workforce on the grounds of redundancy. (4 marks) （分数：5.00）_正确答案：(

19、 )解析：(2).(b) Explain whether termination of employment at Xejn Limited constitutes collective redundancy. (6 marks)（分数：5.00）_正确答案：( )解析：ABC Limited has been unable to pay its debts for several months. Rumours have been circulating for weeks that the shareholders would be convening a meeting to place

20、 the company into voluntary liquidation. Creditors are anxious and some of the larger ones wish to take action against the company. They have made their position known to the shareholders of ABC Limited. Required: （分数：10.00）(1).(a) Advise the shareholders of ABC Limited on what action they should ta

21、ke due to the financial position of the company. (3 marks) （分数：5.00）_正确答案：( )解析：(2).(b) If you were asked to advise the creditors what advice would you give them as to the action they may take against the directors of ABC Limited, given that it has continued to accumulate losses. (7 marks)（分数：5.00）_

22、正确答案：( )解析：6.Mark wants to buy a particular painting. He makes his request known to an art dealer who sells him the painting, providing him with a certificate guaranteeing the authenticity of the painting. Several months later, Mark has the painting valued and he is informed that the painting is a fake. Required: Advise Mark whether he may take action against the art dealer to invalidate the contract of purchase of the painting. (10 marks)（分数：10.00）_正确答案：( )解析：