【分析解答题】
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【分析解答题】


【分析解答题】
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【分析解答题】
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【分析解答题】
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【分析解答题】
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【分析解答题】Dongfang Import &ExportCoDongfangCo) and Lidar SteelCompany (SteelCo) entered into a cooperation contract.According to the contractDongfangCo was responsible for the importation of 10,000 metric ton (M/T) of iron ore and exportation of pig iron 6,000 M/T, while SteelCo was responsible for the processing of iron ore into pig iron; SteelCo was also under the obligation to complete the processing within 10 days upon the arrival of iron ore and then carry the pig iron to Tianjin port for export byDongfangCo.On 10 March 2008 the first shipment of 5,000 M/T iron ore arrived at the designated port and was promptly carried to the premises of SteelCo for processing.10 days later the second shipment of 5,000 M/T arrived at theChinese port. HoweverDongfangCo found that several bank accounts of SteelCo were frozen by the order of the court in a dispute with a third party. Therefore, it immediately despatched a written memo to SteelCo, stating that it would detain the second shipment of iron ore until SteelCo delivered the processed pig iron.Upon the receipt of the notice, SteelCo sent back a fax to express its sincere regret for its delay to deliver pig iron. SteelCo emphasised, however, that it suffered from insufficient funds to buy coke for the processing. It promised to make efforts to deal with this problem, but failed to specify any concrete measures to be taken or give the necessary security for the performance of the contractual obligation. SteelCo also urged thatDongfangCo deliver the remaining 5,000 M/T of iron ore.Considering the date for the shipment of pig iron was approaching but SteelCo did not deliver any processed pig iron,DongfangCo declared the dissolution of the cooperation contract and sold the remaining 5,000 M/T of iron ore to a third party. Under such circumstances SteelCo brought an action againstDongfangCo for damages on the ground thatDongfang refused to deliver the second shipment of 5,000 M/T iron ore for processing.Required:Answer the following questions in accordance with the relevant provisions of theContract Law ofChina, and give your reasons for your answer: (c) State whether SteelCo’s claim should be supported by the court. (1 mark)
【分析解答题】AhChong,Baloo,Cindy andDodo are the directors of SusahBhd (the company), which has an issued capital of RM1 million made up of 1 million 1 RM ordinary shares. They were appointed as directors two years ago.Each of them holds 15% of the issued shares of the company. The remaining 40% is held by 10 other shareholders.Three weeks ago, following a board resolution, the directors issued 500,000 new shares to KamCheng, a close friend of theirs.Cindy is the managing director of the company. Two weeks ago,Cindy, who is now 71 years old, entered into a contract on behalf of the company to purchase offi ce stationery from Opis SdnBhd at a price of RM100,000.Last week, following an argument among the directors at a board meeting,Baloo,Cindy andDodo decided to removeAhChong as a director.
A、notice signed byBaloo,Cindy andDodo was sent toAhChong stating that he had been removed as a director with immediate effect.Required:AdviseAh Lee, a member, who wishes to know the following : (b) whether the contract for the purchase of offi ce stationery can be invalidated on the ground thatCindy was disqualifi ed to act as a director of the company; and (3 marks)
A、notice signed byBaloo,Cindy andDodo was sent toAhChong stating that he had been removed as a director with immediate effect.Required:AdviseAh Lee, a member, who wishes to know the following : (b) whether the contract for the purchase of offi ce stationery can be invalidated on the ground thatCindy was disqualifi ed to act as a director of the company; and (3 marks)
【分析解答题】Liyanda, who is 65 years old, has just retired from his employment with a pension and a lump sum payment of P200,000·00. He is keen to invest his money, but has absolutely no knowledge of business or investment. He does not wish any great risk to be involved in his investment and he also would like to have ready access to cash if the need arises.Required: (a)Explain the meaning, and suitability for Liyanda, of the following:(i) ordinary shares;(ii) preference shares;(iii) debentures secured by a fl oating charge;(iv) debentures secured by a fi xed charge. (6 marks)
【分析解答题】On 24 February 2006 Mr Hassan was appointed by the board of directors of XXL Ltd (a listed brokerage company) as the company’s chief executive for a period of two years. Thereafter, the stock exchange boom occurred and Mrs Hassan also set up a brokerage company. This action on part of Mrs Hassan infuriated the board of directors of XXL Ltd and they passed a resolution by a three-fourths majority removing Mr Hassan from the office of the chief executive. Mr Hassan has threatened to take XXL Ltd to court for removing him from office before the expiration of his two year perioD、Required:Explain to Mr Hassan whether the board’s act of removing him is valid or not. (10 marks)
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