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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

Copyright © ACCAspace.comACCAspace 中国ACCA特许公认会计师教育平台 2

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Revision of Part H-Corporate fraudulent and

criminal behaviour

Contents of Class 14

MCQ bank -Fraudulent and criminal

behaviour

3Case Study


Rivision –Fraudulent and Criminal Behavior

Fraudulent Behaviour

Insider dealing Money laundering Other offences

Fraudulent trading

Wrongful trading

Bribery


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



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.


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



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


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



3. Answer C

The initial disposal of the proceeds of a crime is known as

placement.



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



4.Answer B

The three offences related to money laundering are laundering,

failure to report and tipping off.


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


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.


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


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.


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


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.


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


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


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.


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)

acca f4 习题详解professional accounting education provided by academy of professional accounting...

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