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The Chief Executive Officer of KL Ltd is Jeremy. Jeremy also runs his own business, FD Ltd, in his spare time. KL Ltd recently contracted to buy a significant amount of commercial goods from FD Ltd. Jeremy attended the KL Ltd board meeting that approved the contract and voted in favour of it, without revealing his association with FD Ltd.

25

【論述題】

State what is meant by a director's fiduciary duties.

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考點(diǎn)：Chapter20Companymeetingsandresolutions

Since they make contracts as agents of the company and have control of its property, directors are said to be akin to trustees and therefore owe fiduciary duties to the company. A fiduciary duty is one based on common law principles of trust and honesty. Therefore a director must act bona fide and honestly and not seek any personal advantage when dealing with the company.

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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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