题目内容
5.Ms Huang, a shareholder of the Daqing Limited Liability Company (Daqing), found that the general manager, Mr Ding,had accepted bribes from several suppliers, which materially caused losses to Daqing, and adversely affected theinterests of all shareholders.Further examination, through a Certified Public Accountant firm, disclosed that there were a lot of affiliatedtransactions between Daqing and Everbright Co, which was the majority shareholder of Daqing. Mr Ding wasrecommended by Everbright Co and appointed by Daqing’s board of directors, which was substantially influenced byEverbright Co. With a series of such transactions Daqing transferred huge profits to Everbright Co and adverselyaffected Daqing.Required: (a)State whether Ms Huang was entitled to take legal action against Mr Ding for his illegal behaviour ofaccepting bribes which adversely affected all the shareholders.(2 marks)
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4.Stine, the owner of an office building, and Mering concluded a three-year leasing agreement in January 2012. Meringwould use the first floor to open a restaurant. The annual rental should be paid on the first of each month.In 2013 Stine and Mering entered into a service agreement, by which Mering would provide meals to the employeesof Stine. The service fees would be paid on a quarterly basis.In June 2014, Mering was declared bankrupt by a court which designated a bankruptcy administrator responsible forthe liquidation. The bankruptcy administrator found that Mering had failed to pay the rental for 2014. Stine claimedthe rental due for the year of 2014 as his credit and requested to offset the meal service fees for the first and secondquarters of 2014. Stine also declared dissolution of the leasing agreement between the two parties.Required:In accordance with the Enterprise Bankruptcy Law: (c)State what benefit Stine could have if its request to offset was accepted.(2 marks)
对稽察中发现有重大工程质量问题的项目，行业主管部门应______。
3.Zhao, Qian, Sun and Lee were four shareholders of a limited liability company specialising in bio-technology, eachholding 25% of the shares of the company.Several months later Qian intended to transfer his shares to a listed company for profit and sent notices to the otherthree shareholders asking for their consent. Zhao agreed and also expressed his willingness to buy Qian’s shares ifthe price was reasonable. Sun disagreed and claimed his right of priority to buy Qian’s shares. However, Zhao andSun could not reach an agreement as to the proportion of shares to buy. Lee kept silent upon receipt of the notice. Since Sun offered a price lower than that of the listed company, Qian entered into a contract to sell his shares to thelisted company, which caused a dispute among the four shareholders. Under such circumstances, Lee decided toleave the company and requested the company to purchase his shares.Required:In accordance with the relevant provisions of the Company Law: (b) State whether Lee’s request for the company to purchase his shares should be upheld if the dispute wasbrought to court. (2 marks)
可行性研究报告经批准后不得随意修改和变更，如有变动，应该经过______同意。
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