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Fred is a member of Glad Ltd, a small publishing company, holding 100 of its 500 shares; the other 400?shares are held by four other members. It has recently become apparent that Fred has set up a rival business?to Glad Ltd and the other members have decided that he should be expelled from the company.?

To that end, they propose to alter the articles of association to include a new power to 'require any member?to transfer their shares for fair value to the other members upon the passing of a resolution so to do'.?

27

【論述題】

State which parties are bound by a company's articles of association

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考點(diǎn)：Chapter14Constitutionofacompany

?The Companies Act 2006 provides that a company's articles of association bind a company to its members,?the members to the company and members to members. Members are deemed to have separately?covenanted with each other and the company to observe the provisions of the articles.??

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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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