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Jinx Ltd was formed by two brothers, Son and Lon, who are the company's only shareholders and directors.?The company was very successful and has made good profits in every year of trading. However, recently the?two brothers have fallen out over some matters in their personal lives and they are no longer talking to each?other. This argument, and the resulting lack of trust between Son and Lon, has made running the company?almost impossible and business is suffering a consequence.??

Son would like to have the company liquidated and is seeking advice.?

28

【論述題】

State the party that instigates a members' voluntary liquidation and a creditors' voluntary liquidation

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考點(diǎn)：Chapter21Insolvencyandadministration

A voluntary liquidation is instigated by a company resolution that states that the company cannot continue to trade. For the liquidation to be a members' voluntary liquidation, the directors must issue a statement of solvency. If they do not issue a statement of solvency then the liquidation is a creditors' liquidation.

A compulsory liquidation is one ordered by the court under s.122 Insolvency Act 1986 on one or more of seven specified grounds. One of these grounds is that it is just and equitable to wind-up 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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