題目

?Explain any of a director's statutory duties that Caz may have breached?

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考點(diǎn)：Chapter18Companydirectors

Turning to the case in question, it appears that Caz has not disclosed either her interest in Era Ltd or her?interest in this particular contract. Under s177 of the Companies Act, the interest should have been stated at?the board meeting that Caz attended that approved the contract. It was not. It should also have been?declared under s182 of the Companies Act once it had occurred – but it was not either. She will therefore?have to account to Dull plc for any profit that she makes on the transaction and she may also be subject to a?fine. Had she dealt honestly with Dull plc by declaring her interest and obtaining company approval, she?would have been permitted to retain any profit that is made.?

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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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