Trials Exam

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    OSHWAL COLLEGE

    ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

    (ACCA)

    Paper F4

    Corporate and Business Law (Global)

    END-SEMESTER EXAMINATION NOVEMBER 2009

    Instrutions

    !" #i$e allowed% & 'ours

    " ALL #E *uestions are o$pulsor+ and ,-S# be atte$pted"

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    ALL #E *uestions are o$pulsor+ and ,-S# be atte$pted

    1. Explain the roles and activities of the following organizations;

    a) International Chamber of Commerce (ICC) (2 ar!s)b) "#I$%&I' (2 ar!s)

    c) "#CI'% (2 ar!s)

    d) *'& (2 ar!s)e) International Co+rt of rbitration. (2 ar!s)

    2. In relation to "#CI'% odel aw as rbitration, Explain-a) ow proceedings are cond+cted (/ ar!s)

    b) Enforceabilit0 of awards (2 ar!s)

    c) ro+nds and proced+re for challenging decision of arbitration panel (/ ar!s)

    d) roced+re for challenging an arbitrator (2 ar!s)

    /. 'he "nited #ations Convention on Contracts for the International 3ale of oods onl0

    applies +nder certain circ+mstances and onl0 to certain transactions; Explain

    a) 'he sphere of application of the convention. (4 ar!s)b) 'ransactions not expressl0 covered b0 the convention. (4 ar!s)

    5. (a) $ifferentiate6 $isting+ish between imited artnerships and imited iabilit0

    artnerships (4 ar!s)

    (b) $escribe five wa0s in which agenc0 is formed (4 ar!s)

    4. Explain briefl0 the advantages and disadvantages of incorporation (17 ar!s)

    8. In relation to companies9 oan capital, explain the following terms;a) $ebent+re (/ ar!s)

    b) :loating Charge (5 ar!s)

    c) :ixed Charge (/ ar!s)

    . 'he Companies ct 2778 has codified Common law r+les and ean+ar0 277? #g+gi, a @en0an wholesaler of satin cloth, entered into a contract to

    s+ppl0 AiBa0, a alawian man+fact+rer, with 1,777 metres of satin cloth to be

    delivered b0 /7 >+ne 277?. #g+gi dispatched the cloth b0 ship on 27 >+ne to ens+re itwo+ld be delivered to AiBa0 on time and sent the bill of lading to AiBa0. owever, on

    2? >+ne and before the cloth had been delivered, #g+gi received a telex from AiBa0

    stating that he no longer needed the acid and wo+ld not be going thro+gh with thecontract.

    .e*uired%

    Ad/ise 0u0i as to w'at ation 'e an ta1e under t'e - Con/ention on

    Contrats 2or t'e International Sale o2 Goods3 pa+in0 partiular attention to t'e

    e22et o2 Artile ! o2 t'e Con/ention relatin0 to antiipator+ brea' o2 ontrat"

    (!5 ,ar1s)

    2

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    ?. #zisa is a man+fact+rer of 3oap &peras in @en0a, who has entered into a contract with

    Ir+ng+ in @ogelo in the "3. s both have not dealt with each other before, #zisa

    insists that the contract be financed thro+gh the mechanism of International etter ofCredit.

    E6plain $e'anis$7proedure o2 establis'in0 t'e letter o2 redit and t'e /arious

    t+pes o2 letters o2 redit a/ailable 2or use b+ t'e parties" (!5 ,ar1s)

    17. >an!i ravin was instr+mental in forming >dave :lowers plc, which was

    registered and received its trading certificate in arch 277?. It has now come to theattention of the directors the following events too! place before incorporation of the

    compan0;

    a) >an!i sold the land in which >dave flowers has greenho+ses to the compan0

    witho+t declaring her interest in the contract.b) >an!i entered into a contract in the compan09s name to b+0 greenho+se

    ean!i.

    Ad/ise t'e o$pan+3 not lettin0 down t'eir pre0nant e6petations" (!5 ,ar1s)

    E8 OF E9A,IA#IO

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