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Aspin is the Finance Director of Getz Ltd. The company has recently gone through a severe downturn in its?business and has failed to pay some of its creditors. Six weeks ago, one of the company's creditors, Aero?Ltd, made a written demand for the payment of ￡900. Aspin believes that Getz Ltd may be the subject of a?compulsory liquidation order and seeks advice, he is particularly concerned about the effect of a compulsory?liquidation on the following matters:?

(1) The sale of a company office building that is currently being advertised?

(2) A threatened legal action by one of Getz Ltd's suppliers against the company

?(3) The company's employees?

(4) A number of floating charges that are secured against company inventory?

30

【論述題】

?State whether Aero Ltd has grounds for the compulsory liquidation of Getz Ltd?

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考點：Chapter21Insolvencyandadministration

?An administration order is an order of the court that puts an insolvency practitioner in control of the?company with a defined programme for rescuing the company from insolvency as a going concern. Its effect?is to insulate the company from its creditors while it seeks, to save itself, or failing that, to achieve a better?result for creditors than an immediate liquidation would secure, or failing that, to realise property so as to?make a distribution to creditors.?

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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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