acca f4 习题详解professional accounting education provided by academy of professional accounting...
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Professional Accounting Education
Provided byAcademy of Professional Accounting (APA)
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ACCA F4 习题详解Corporate and Business Law (CL)
公司法和商法 第十四讲
ACCA Lecturer: Carrie Ni
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2
Revision of Part H-Corporate fraudulent and
criminal behaviour
Contents of Class 14
MCQ bank -Fraudulent and criminal
behaviour
3Case Study
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Rivision –Fraudulent and Criminal Behavior
Fraudulent Behaviour
Insider dealing Money laundering Other offences
Fraudulent trading
Wrongful trading
Bribery
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MCQ Bank –Insider Dealing
1.In relation to the law on insider dealing, which of the
following parties would be categorised as an insider?
A A company's auditor
B A company's supplier
C A company's customer
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MCQ Bank –Insider Dealing
1. Answer A
An insider is a person who has information from an inside
source through being a director, employee, shareholder, or
because of their employment, office or profession.
Customers and suppliers are not likely to be privy to inside
information.
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MCQ Bank- Insider Dealing
2.Which of the following is a defence to a charge of insider dealing?
A The individual had no expectation of profit
B The individual had reasonable grounds to believe that the information
was about to be published
C The individual had reasonable grounds to believe their action was in
the public interest
D The individual was not seeking to profit from the transaction
personally
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MCQ Bank –Insider Dealing
2. Answer A
补充知识:
Defences
a)Market makers acting in good faith
b)The defendant did not expect the dealing to result in profit, or the
avoidance of a loss
c)The defendant reasonably believed the information was publicly
available
d)The defendant would have dealt anyway, even if they did not
have the information
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MCQ Bank –Money Laundering
3.In the context of money laundering, the initial disposal of the
proceeds of criminal activity is known by which of the following
names?
A Layering
B Integration
C Placement
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MCQ Bank –Money Laundering
3. Answer C
The initial disposal of the proceeds of a crime is known as
placement.
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MCQ Bank –Money Laundering
4.Which two of the following are offences related to money laundering?
1 Failure to report
2 Placement
3 Integration
4 Tipping off
A 1 and 2
B 1 and 4
C 2 and 3
D 3 and 4
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MCQ Bank –Money Laundering
4.Answer B
The three offences related to money laundering are laundering,
failure to report and tipping off.
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MCQ Bank –Fraudulent Trading
5.Directors found guilty of fraudulent trading under the Insolvency Act
1986 face which of the following penalties?
A Imprisonment
B Unlimited fine
C Make good the debts of the company
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MCQ Bank –Fraudulent Trading
5.Answer C
Fraudulent trading under the Insolvency Act 1986 is a civil – not
a criminal offence. Any directors found guilty are liable to make
good the company's debts.
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MCQ Bank –Wrongful Trading
6. Which of the following statements concerning wrongful trading is
correct?
A Wrongful trading is a criminal offence
B Selling company shares in the knowledge that the share price is
about to fall is wrongful trading
C A case of wrongful trading is brought by a company's liquidator
D Intent to defraud is required to prove a case of wrongful trading
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MCQ Bank –Wrongful Trading
6.Answer C
Wrongful trading is a civil offence that is brought by a
company's liquidator. No intent to defraud is required because
the directors commit the offence if they allow the company to
trade whilst in the knowledge that there is no reasonable
prospect of the company avoiding going into liquidation.
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MCQ Bank –Bribery
7.Which of the following is not classified as bribery under the Bribery Act
2010?
A An individual who accepts payment to perform a public duty
B A company that offers a client reasonable hospitality
C An employee of a company who offers a non-financial reward to a public
official to perform a public duty
D A foreign national who works overseas for a company registered in the
UK that offers cash to a third party for them to influence a public official
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MCQ Bank –Bribery
7.Answer B
Reasonable hospitality is not bribery. Being bribed is an offence
under the Act. Non-financial rewards are as much a bribe as
the offer of cash. The Act extends around the globe and applies
to all companies registered in the UK. It is also an offence for a
corporation to fail to prevent an employee committing bribery.
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Case Study –Insider Dealing
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:
Slye, a director of Huge plc, buys shares in Large plc
Slye tells his friend Mate about the likelihood of the takeover and
Mate buys shares in Large plc
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
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Case Study –Insider Dealing
Required
(a)State whether Slye committed insider dealing when he bought
shares in Large plc
(b)State whether Mate has any liability for insider dealing
(c)State whether Tim has any liability for insider dealing
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Case Study –Money Laundering
Ian is an accountant, and one of his clients is Jet, who runs an
illegal operation as well as some other legitimate businesses.
Jet approached Ian for advice as to how he should deal with
the gains he makes from the illegal operation. Ian suggested
that, rather than try to use his existing legitimate businesses to
disguise the source of the money, Jet should use his legally
made money to buy the local football club, Kickers, with the
intention of passing his gains from the illegal operation through
the club's accounts.
Jet accepted the proposal and appointed Ian as Kickers'
finance director and together they passed the illegal money
through the football club.
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Case Study –Money Laundering
Required
(a)State the offence of money laundering
(b)State whether Ian has any liability for money laundering
(c)State whether Jet has any liability for money laundering
Professional Accounting Education
Provided byAcademy of Professional Accounting (APA)