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?Which of the following is a right of the holder of a debenture that is secured by a fixed charge??

A

?Payment of a company dividend?

B

?To vote at the company's general meeting?

C

?To vote on company resolutions that affect them as a debentureholder?

D

?To prevent the company from selling the asset secured by the charge?

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【論述題】

?Identify which is the most secure?

State which may have a cumulative right to dividends

State which NORMALLY participates in surplus capital?

?Which of the following are correct statements about the relationship between a company's ordinary shares?and its debentures???

Select all that apply.?

A

?Debentures do not confer voting rights, whilst ordinary shares do.?

B

?The company's duty is to pay interest on debentures, and to pay dividends on ordinary shares.?

C

?Interest paid on debentures is deducted from pre-tax profits, dividends are paid from net profits.?

D

?A debentureholder takes priority over a member in liquidation.?

?In which of the following situations will crystallisation of a floating charge occur??

?Select all that apply.?

A

?Liquidation of the company?

B

?Disposal by the company of the charged asset?

C

Cessation of the company's business?

D

?After the giving of notice by the chargee if the contract so provides?

Which of the following statements regarding members wishing to amend a company's articles of association?is correct??

A

The change must be bona fide for the benefit of the company as a whole?

B

?A minority cannot prevent the majority from unjustly discriminating against them by changing the?articles?

C

?The majority may not alter the articles if a minority feels it is prejudicial to their interests?

D

?A majority of members may not force a transfer of shares from the minority to themselveseven if it is?in the best interests of the company as a whole?

Which of the following is true regarding the choice of company name??

A

?No name may be offensive or sensitive as defined by the Secretary of State?

B

?All private companies must end their name with 'Ltd'?

C

?Names that suggest a connection with government are void?

D

?Companies that are registered as Welsh must end their name with '(Cym)'?

Which TWO statements concerning company names and passing-off action are correct??

(1) Only the Company Names Adjudicators can create a new company name, if one is needed, following a?complaint about a company name that is too similar to another??

(2) A passing-off action will fail if the claimant has not sought a remedy from the Company Names?Adjudicators first?

(3) A company can be prevented by a court injunction from using its name, even if it is properly?registered?

(4) Courts can refuse an injunction to prevent the use of a company name if the businesses are?sufficiently different in nature?

A

?1 and 2?

B

?1 and 4?

C

?2 and 3?

D

?3 and 4?

Which of the following business forms does the use of the abbreviation 'Ltd' after the name of a business?indicate??

A

?A limited partnership?

B

?A limited liability partnership?

C

?A private limited company?