題目

?Explain why registering his business as a company may be of benefit to Mick?

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考點：Chapter13Companyformation

A consequence of registering his business as a company is separate legal personality and limited liability.?

The benefits to Mick are:?

Mick's company can enter into the new contracts in its own right and only it (rather than Mick) will be liable?for damages for any breach of contract.?

?The company will be liable for its own debts should repayment become a problem.?

The company, rather than Mick, will be liable of any negligence claims made against the business.??

The limit of Mick's liability in respect of the business will be any amount unpaid on his shares. This likely to?be substantially less than the current situation where Mick is liable in full for all liabilities of the business.??

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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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