2008年12月1日,甲、乙双方签订合同,甲向乙购入价值800万元的二手机器设备,按照合同约定,12月5日乙向甲发货,甲承诺5个月后付款,该买卖合同中没有订立所有权保留性质的条款。由于乙还需要该机器设备生产最后一批商品,因此甲乙又在合同中约定,该设备自12月5日时仍由乙暂时占用一段时间,于12月15日交付给甲。2008年12月15日,乙向甲按时交付设备后,甲又将购入的该设备作为固定资产于2009年1月22日为甲欠银行的贷款提供抵押担保,当日签订了抵押合同,于1月24日向当地工商行政管理机关办理了抵押登记手续。抵押担保的债权期限2年。 甲企业为及时筹集所需的生产经营资金,2月20日又将该用于抵押的设备以900万元的价款转让给丙公司,该转让合同签订时甲忘了通知银行,也未将转让的设备已用于抵押的情况告诉丙。 为了节约运输成本,甲企业准备建造一条输油管线,途中需要经过A村的一片耕地,甲企业与当地的村委会签订了一项合同,约定输油管线从该片耕地下面通过,甲企业给予A村集体适当的补偿,该合同于3月1日签订,施工当天,遭到了村民郭某的阻拦,经查,郭某是该片耕地的承包人,随后双方发生了纠纷,村委会认为土地虽然由郭某承包,但仍属于集体所有,与甲企业签订的合同是合法有效的。 要求:根据以上资料结合《物权法》的有关规定,分析回答以下问题:1.甲与乙签订的买卖合同中,设备所有权何时转移并说明理由。
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PART ONE ·Look at the statements below and at the summaries of five business books on the opposite page about recruitment. ·Which book summary(A,B,C,D or E)does each statement 1-8 refer to ·For each statement 1-8,mark one letter(A,B,C,D or E)on your Answer Sheet. ·You wilI need to use some 0f these letters more than once. A. Hire With Your Head Lou Adler,president of the Power Hiring consulting and training company,provides a systematic approach for finding,interviewing and hiring the best candidate for a job.He emphasizes making an objective assessment and,to this end,he provides techniques for overcoming first impressions.The book includes charts and checklists that highlight important points.This well-organ-lzed guide to effective hiring is hig hly recommended to company owners,human resource per-sonnel and managers involved in the hiring process.Alert job seekers may also find it useful to learn what a good interview will demand. B. Hiring the Best Any manager with hiring authority knows that selecting the‘right’candidate for any position is a nervewracking task.Author Martin Yate’S basic book can help inexperienced managers hire effectively,although this useful primer on interviewing and hiring is a little wordy.Yates provides great detail about key steps,such as when to schedule a phone interview,what to ask and how to conduct an interview.He even provides numerous sample questions for each major job category,from entry level to management. C. Ask the Right Questions,Hire the Best People This book boasts of a list of questions designed to make your interviews effective in weeding out the pretenders and uncovering that dream hire.The book’s real value is in its list of interview questions,with accompanying comments on what answers you should be looking for.It seems impossible that you could read this book and not stumble over one question that makes you smile and tuck it away to spring later on some unsuspecting interviewee.This book will prove useful for human resource professionals or any manager charged with hiring. D. Hiring and Keeping the Best People This book covers a huge amount of valuable information about hiring and retaining a great workforce.If more companies followed its fivestep hiring process,not only would talented employees face greater competition for their services,companies would get better staffers and the fit of workers to their jobs would improve.The book demonstrates an awareness of the realities of diversity in the modern workplace and the expectations employees have about worklife balance. This handy guide is clear and concise,and is highly recommended to anyone involved in the hiring and retention process. E. How to Hire a Champion David Snyder,a business consultant with a psychology graduate degree from Harvard,believes that managers must be able to evaluate applicants’personality traits to hire the right people.His assertions are hard to dispute.His book is Ioaded with good advice,although the writing can get choppy and repetitive.Still,it is strongly believed Snyder provides solid,practical and useful information.When you think how hard it is to live withor discard-an incorrect hire,you’ll want to be sure you take on the right people. The book can also be helpful for job applicants.
甲公司为乙上市公司实际控制人,拟通过收购丙上市公司(以下简称“丙公司”)的股份,达到控制丙公司的目的。在董事会讨论收购方案时,一些董事分别提出以下观点: (1)以下属的两个子公司作为收购人,通过证券交易所的证券交易收购丙公司的股份。两个子公司持有丙公司的股份合计达到5%之日起3日内,即向中国证监会提交书面报告,但对被收购公司暂时保密。 (2)两个子公司持有丙公司的股份合并计算。合计达到5%时,并且每增加5%时,均应暂停交易。 (3)两个子公司持有丙公司的股份合计超过5%但未达到20%时,编制详式权益变动报告书。 (4)收购丙公司已发行的股份合计达到30%时,如果资金允许继续进行收购,即向丙公司所有股东发出收购60%股份的要约。如果资金短缺,则向特定股东协议收购。 (5)收购要约约定的收购期限初步定为20日,根据收购情况再作调整。 (6)如果预受要约股份的数量超过预定的60%时,则以抽签的方式确定收购预受要约的股份。 (7)如果由于资金不足,导致无法继续收购,则向中国证监会提出豁免申请。 (8)在收购行为完成9个月后,可以考虑将所持丙公司的股份部分转让给丁公司。 根据以上资料,回答下列问题:1.根据以上要点(1)的提示,说明两个子公司的书面报告和暂时保密的做法是否符合规定并说明理由。
· Read the following article about career development and the questions on the opposite page. · For each question 15-20,mark one letter(A,B,C or D)on your Answer Sheet for the answer you choose.How to get to the top Marketing used to be the route to the chief executive’s chair,but the world has changed.Now,says Monika Hamori.professor of human resources at Instituto de Empresa in Madrid,it is finance chiefs who are most likely to get the top job,though experience in opera-tions-running parts of the companyis also essential.CFO Magazine found in 2005 that onefifth of chief ex-ecutives in America were former chief financiaI officers,almost double the share of a decade earlier.The importance of quarterly financial reporting,and closer scrutiny since the imposition of the Sarbanesoxley corporategovernance act,have put CFOs in the limelightand given them the chance to shine. Another factor in reaching the top is whether you stay with the company you joined as a youngster.Ms.Hamori’s research looked at companies in the S&P 500 and the FTSEurofirst 300.She finds that‘lifers’get to the top in 22 years in America and 24 years in Europe:‘Hoppers’who jump between four or more companies,by contrast,take at least 26 years on average to become chief executives.Insiders get promotions that reflect their potential,because their bosses have enough information to be reasonably confident about their ability.When executives switch from one company to another,however,they tend to move less far up the hierarchy,the researchers found. The time taken to reach the top is falling.The average time from first job to chief executive fell from 28 years in 1980 to 24 in 2001.Successful executives are spending less time than they used to in each intermediate joban average of four yearsand they fill five posts on the way up.down from six.One reason for this acceleration is that company hierarchies are flatter than they used to be.Another important shift is the advent of female chief executives. 1n 2001 women accounted for 11%of bosses at leading American companies.ac-cording to the Hamori/Cappelli survey;in the early 1980s there were none. America is usually regarded as the home of raw capitalism.with youthful managers hopping from firm to firm and pushing their way to the top.But the HamorL/Cappelli study and another by Booz & Company,a consultancy,show that Europe is a more dynamic and harsher environ-menl than America or Japan for chief executives.For a start,European chief executives are younger,with an average age of 54.compared with over 56 in America.The Hamor/Cappelli study shows that 26%of American bos-ses were lifers,compared with only 18%in Europe. The Europeans also have a harder time once they get to the top.Booz & Company’s annual survey of chiefexecutive succession shows that 17.6%of European bosses moved on last year.compared with 15%of Americans and 10%of Japanese.Chief executives.the survey found,last longer in America:the average tenure over the past decade was just over nine years.But in Europe the average tenure over the same period was less than seven years. Moreover.a whopping 37%of changes at the top in Europe were more or less firings,according to Booz,compared with only 27%in America and 12%in Japan.Booz puts this down to the more recent tightening of corporate governance in Europe,Another Booz finding is common to both sides of the Atlantic:looking back over recent years,board disputes and power struggles lie behind a third of chiefexecutive firings.In short,shareholder activism is making its presence felt,putting pressure on bosses to perform. What is true according to the third paragraph
A. Chief executives spend less time on their jobs than before.
B. Career progression is faster than it used to be.
Company hierarchies are barriers to career development.
D. There will be more female executives than male executives in the future.
· Read the article below about how to build up and keep healthy relations with co-workers. · Choose the correct word or phrase to fill each gap frOm A.B.C or D on the opposite page. · For each question 21-30,mark one letter(A,B,C or D)on your Answer Sheet.Coworker relations:defuse tension with tact It’s Monday morning,and you haven’t even had your coffee yet. But that hasn’t stopped a colleague from.telling you all about his adventurous weekend。In fact,you’ve heard several stories in extreme detail,and he shows no (21) of stopping.You just want to get to work,but how do you say so without (22) .the other person’s feelingsThis situation,like many others,requires tact and diplomacy.When you work in close quarters,issues like this one are bound to (23) .from time to time. Thankfully,speaking with a coworker about an awkward issue doesn’t have to induce panic.Here’s how to (24) the situation: First, (25) .the circumstances.Before saying anything to your colleague,weigh the pros and cons of speaking up.Second,explain the impact.If a (26) conversation is necessary,don’t confront the person in a group setting.Voicing your frustration in front of others could (27) .your colleague.Instead.explain your concern when you’re alone with your coworker and let the person know how the situation (28) .you.Last,reach an agreement.Don’t end the conversation without coming to some sort of resolution.Solving the issue may require a (29) .For example,If you find your coworker’s music loud and annoying.he may agree to use headphones during the mornings and afternoons if you don’t mind that he uses his speakers later in the day,when things have (30) .down. Remember that every situation is different and that some conversations with a coworker will be awkward regardless of your approach.But by being honest and respectful with colleagues,you’ll solve issues before they fester and ensure your work relationships remain healthy.
A. evaluate
B. compare
C. introduce
D. explain