BAWB3013_FBIT_FEB2014-051114_092351

BAWB3013_FBIT_FEB2014-051114_092351 - (CONFIDENTIAL I SULIT...

Info icon This preview shows pages 1–9. Sign up to view the full content.

View Full Document Right Arrow Icon
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
Image of page 3

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 4
Image of page 5

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 6
Image of page 7

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 8
Image of page 9
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: (CONFIDENTIAL I SULIT UN ITAR {NTERNATIONAL UNIVERSITY ,;- “A” g,; .:-.~.: Am. . :zra FINAL EXAMINATION FEBRUARY 2014 MATRIC NUMBER SECTION SEATING NO. COURSE TITLE : COMPANY LAW COURSE CODE : BAWB3013 DATEIDAY : 25 MAY 2014 I MONDAY TIMEIDURATION : 09:00 AM - 12:00 PMI 3 HOURS INSTRUCTIONS TO 1. Please read the instruction under each section carefully. 2. Candidates are reminded not to bring into examination hallfroom any form of written materials or electronic gadget except for stationery that is permitted by the lnvigilator. 3. Students who are caught breaching the Examination Rules and Regulation will be charged with an academic dishonesty and if found guilty of the offence. the maximum penalty is expulsion from the University. (This Question Paper consists of 9 Printed Pages including front page) *"DO NOT OPEN THE QUESTION PAPER UNTIL YOU ARE TOLD TO DO 30*" NAME : DATE ______ __ MATRIC NO : ____________________________ __ SECTION ______ _._ PROGRAMME COURSE CODEITITLE _____________________________________________ __ SEATING NO : SIGNATURE $ wag: w ,<,<, m wwmwmnwmww fifimmw w M m m W Company Law (BA WBSO13) CONFIDENTIAL February 2014 Final Examination SECTION A (25 MARKS) There are SIX (6) questions in this section. Answer ALL questions in the space provided after each question. Support your answer with relevant legal principles, cases and examples where appropriate. Question 1 Briefly explain the importance of establishing whether a person is or is not a partner in a partnership firm. (4 marks) Question 2 Briefly describe the facts in Salomon v Salomon & Co Ltd (1897) AC 22 and explain the significance of the case to company law. (5 marks) Company Law (BAWB3013) CONFIDENTIAL February 2014 Final Examination Question 3 Explain what is meant by the ‘Business Judgment Rule’ in the context of Section 132 of the Malaysian Companies Act 1965. (5 marks) Question 4 Explain the basic differences between a fixed charge and a floating charge in a company. (4 marks) Company Law (BA WB3013) CONFIDENTIAL February 2014 Final Examination Question 5 Explain THREE (3) differences between debt financing and equity financing in a company. (3 marks) Question 6 Section 217 (1) of the Companies Act 1965 specify the persons who can petition for the winding up of a company based on any of the circumstances laid down by Section 218 of the same Act. Briefly explain any FOUR (4) of the circumstances. (4 marks) Company Law (BA WBSO13) CONFIDENTIAL February 2014 Final Examination SECTION B (25 MARKS) There are FOUR (4) questions in this section. Answer ALL questions in the space provided below each questions. Support your answer with relevant legal principles, cases and examples where appropriate. Question 1 Tan, Tin and Tun incorporated a company called Engage Sdn Bhd in 2012. They are the company's only shareholders with Tun holding 60% of the shares while the rest is distributed between Tan and Tin. The company's main business is in printing, specializing in 3D printing. To protect his investment especially considering the many expensive printing equipment that the company owns, Tun decided to take out an insurance over the printing equipment under his name since he holds the largest percentage of shares. Several weeks later a fire broke out in the company's building and some of the printing machines were destroyed. Advise Tun whether he is entitled to claim for the losses from his insurance company. (6 marks) __—__—____.—_——_.—.— _—__—.__—._—_.__— ____,_—_—_—__..—__—__ __—___,,—_—_.__—___ ____—_.__—_.—_.—_ __—_—_—_—__—.—.— ___—___—__———_.__ W ,—_—.._—..—_——__.—. ____—____—._.—__—.__ _—___—_,———_.,—__— ——_—._.—__—._..—_ _______—_——._..——.—__ __——.—_—____—_ W 6 Company Law (BA WB3013) CONFIDENTIAL February 20 14 Final Examination Question 2 Chicdee Sdn Bhd is running a very successful chicken breeding business. Jaya wishes to acquire the company. He managed to get a local financing institution, Kertas Finance to make a bid for the shares of Chicdee Sdn Bhd on his behalf. The bid was accepted by the stockholders of Chicdee Sdn Bhd. Jaya through his friends who are directors in Chicdee Sdn Bhd caused the Company to lend RM500,000 to a company called Edwin Engineering, which then lent the money to Jaya. Jaya then paid the money to Kertas Finance to cover the cost of the takeover, which amounted to some RM400,000. Siti who is a member of Chicdee Sdn Bhd wishes to know whether the acquisition of the shares by Jaya breaches the provisions of the Companies Act 1965. Advise Siti. (6 marks) —,—_—_—_——_—._ —_—___————.._._.—_ —__—_____—___—._.—. __,—_—__—__.—_—_——.___ —_——_—__._—_——._ —_—_____—.__—_— _____—_.—__m—__—.—_.__.—__ —____—__—__—_—__.__ —,——_—____———_ —______——__—._..—__ W ______—..___—_——..__._ ____—_______—____—.__—___ ____—___—_..—__—. —__—__—__,—__—.__.—._ 7 Company Law (BA W53013) CONFIDENTIAL February 2014 Final Examination Question 3 Messi, Alex and Rafael are the directors of PQR Sdn Bhd, a company that retails sporting and outdoor activities equipment. Last year Messi went to Korea to negotiate a business venture with a large sporting goods manufacturer in Seoul. The Korean company however was not interested in the contract offered by PQR and this decision was conveyed to Alex and Rafael by Messi upon returning to Malaysia. Two months later Messi resigned from his position as director of PQR to set up his own business. To their anger, Alex and Rafael discovered that Messi has now entered into a very profitable contract with the Korean company for the same deal that they tried to secure before. Advise Alex and Rafael whether they could sue Messi and claim the profit that he has made with the Korean company. (7 marks) Company Law (BA W83013) CONFIDENTIAL February 2014 Final Examination Question 4 On 1 April 2014, Cergas Bhd sent a notice to its members calling for an extraordinary general meeting to be held on 15 April 2014. At that meeting the following resolutions were passed: i. A resolution to alter the name of the company from Cergas Bhd to Cemerlang Bhd. This resolution had the support of 80% of those present and voting. ii. A resolution to appoint Nathan, aged 73, as a director of the company. This resolution had the support of 70% of those present and voting. Aima a member of the company who strongly objects to both resolutions is wondering whether the validity of the resolutions passed at the meeting can be challenged on any ground. Advise Alma. (6 marks) ***END OF QUESTION Pl-‘xPER‘l‘Hr 9 ...
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern