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?In 20X0 Fay, Gus and Het formed a private limited company, FGH Ltd, to carry out technological research.?They each took 100 shares in the company and each of them became a director in the company.

?In January 20X2 Fay admitted that she had been working with a much larger rival company, Ix plc, and that?she had passed on some of FGH Ltd's research results to Ix plc in return for substantial payment. Fay?maintains that she has done no harm, as FGH Ltd was not capable of using the information. Nonetheless,?Gus and Het are extremely angered by Fay's actions.?

33

【論述題】

?Explain the consequences to directors who are in breach of their duties to their company?

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考點：Chapter18Companydirectors

?Consequences for directors that are in breach of their duties include:?

? Damages payable to the company where it has suffered loss

?? Restoration of company property?

? Repayment of any profits made by the director

?? Rescission of contract (where the director did not disclose an interest)?

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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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