題目
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?In 2008 Ger was disqualified from acting as a company director for a period of 10 years under the Company?Directors Disqualification Act 1986 for engaging in fraudulent trading.?

However, he decided to continue to pursue his fraudulent business and, in order to avoid the consequences?of the disqualification order, he arranged for his accountant Kim to run the business on his instructions.?Although Kim took no shares in the company, and was never officially appointed as a director, he?nonetheless assumed the title of managing director.?

31

【論述題】

?Identify which of the following categories of directors apply to Ger and Kim:?

(i) De facto

?(ii) De jure

?(iii) Non-executive

?(iv) Shadow?

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考點：Chapter18Companydirectors

Ger acts behind the scenes and is clearly operating as a shadow director. Kim has not been appointed as?such but acts as a director, which makes him a de facto director.?

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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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