題目

?Explain whether Del or Rod will be liable for either:

?(i) Fraudulent trading under s213 Insolvency Act 1986

?(ii) Wrongful trading under s214 Insolvency Act 1986?

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考點(diǎn)：Chapter22Fraudulentandcriminalbehaviour

?(i) Because Del falsified the company's accounts, and the company is insolvent, he is likely to be guilty?of intention to defraud under s213 Insolvency Act 1986. There is not enough evidence to prove Rod?is guilty – the prosecution is unlikely to be able to prove he intended to defraud the creditors or?others.?

(ii) Del will be personally liable under s214 Insolvency Act 1986 for the increase in the company's debts?since it is already established that he is likely to be liable for fraudulent trading which carries a higher?standard of proof. Rod will also be liable for the company's debts, since as a director of a company,?he should have been aware of the situation.?

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材料全屏

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.

材料全屏

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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