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Caz is a director of Dull plc, but she also carries out her own business as a wholesale supplier of specialist?metals under the name of Era Ltd. Last year Dull plc entered into a contract to buy a large consignment of?metal from Era Ltd. Caz attended the board meeting that approved the contract and voted in favour of it,?without revealing any link with Era Ltd.?

23

【論述題】

?State what is meant by a director's statutory duties?

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考點(diǎn)：Chapter18Companydirectors

?Before the Companies Act 2006, directors owed common law fiduciary duties based on principles of trust?and honesty. For example, a director must act bona fide and honestly and not seek any personal advantage?when dealing with the company. These fiduciary duties, and others, were put onto a statutory basis in the?Companies Act 2006. This means that the duties are now enshrined in the statute books rather than being?based in common law.??

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Vlad generates a substantial income from illegal tax evasion and sought advice from Gloria (his personal accountant) on how to dispose of his illegal earnings. Gloria suggested that to disguise the source of the funds, Vlad should purchase a chain of restaurants and pass his gains from the illegal operation through the restaurants' accounts. Vlad agreed with Gloria’s proposal and appointed her as the restaurant chain’s finance director and together they passed the illegal money through the operation.

25

【論述題】

State the offence of money laundering.

State whether Gloria has any liability for money laundering.

State whether Vlad has any liability for money laundering.

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In January the board of directors of Huge plc decided to make a takeover bid for Large plc. After the decision?was taken, but before it is announced, the following chain of events occurs:?

(1) Slye, a director of Huge plc, buys shares in Large plc?

(2) Slye tells his friend Mate about the likelihood of the takeover and Mate buys shares in Large plc?

(3) At a dinner party Slye, without actually telling him about the takeover proposal, advises his brother?Tim to buy shares in Large plc and Tim does so?

28

【論述題】

?State whether Slye committed insider dealing when he bought shares in Large plc?

?State whether Mate has any liability for insider dealing?

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