2008年（ACCA）F4考试真题及答案

包含2008年ACCA F4考试真题及答案，文件列表如下：
f4chn_2008_dec_a.pdf、f4chn_2008_dec_q.pdf、f4eng_2008_dec_q.pdf、f4eng_2008_dec_a.pdf、f4Eng_2008_jun_a.pdf、f4eng_2008_jun_q.pdf；

Corporate and
Business Law
(China)
Tuesday 2 December 2008

ALL TEN questions are compulsory and MUST be attempted
1 In relation to the jurisdiction rules under the Civil Procedures Law of China:
(a) Explain the term jurisdiction by forum level, and general rules under jurisdiction by forum level. (3 marks)
(b) Explain the jurisdictional rule concerning forum level in major cases involving foreign elements. (1 mark)
(c) Explain the different categories of court jurisdiction, other than the jurisdiction by forum level, over civil and
commercial disputes. (6 marks)
(10 marks)
2 In relation to the Property Law of China:
(a) State the legal effects of immovable registration on contracts involving the disposal of immovables.
(4 marks)
(b) State the various legal remedies for an interest holder or stakeholder where the information on the immovable
registry is incorrect. (6 marks)
(10 marks)
3 In relation to the Securities Law of China:
(a) Explain takeover of a listed company by offer. (3 marks)
(b) State the report requirements for a purchaser who intends to take over a listed company by offer.
(3 marks)
(c) State the various restrictions on the purchaser when he commences procedures for taking over a listed
company by offer. (4 marks)
(10 marks)
4 In relation to the Company Law and the Criminal Law of China:
(a) State the fraudulent behaviour that may be deemed as a crime in the course of incorporating a company, and
the various elements to be proven for such a crime, in terms of the subjects of a crime and the activities.
(5 marks)
(b) State the fraudulent behaviour that may be deemed as a crime in the operation of a company in relation to
corporate financing, and the various elements to be proven for such a crime. (5 marks)
(10 marks)
5 In relation to the Contract Law of China:
(a) Explain the term expected profit in terms of damages. (3 marks)
(b) State the conditions to be met for a party to claim damages in a breach of contract. (4 marks)
(c) State the statutory obligations upon the party who claims damages in a breach of contract. (3 marks)
(10 marks)

6 In relation to the Enterprise Bankruptcy Law of China:
(a) Explain the term bankruptcy administrator and how one can be appointed. (4 marks)
(b) State the qualifications of a bankruptcy administrator. (3 marks)
(c) State the persons who are NOT permitted to be appointed as a bankruptcy administrator. (3 marks)
(10 marks)
7 In relation to the Labour Contract Law of China:
(a) Explain the term and the purpose of a non-competition clause in a labour contract. (4 marks)
(b) State the precondition for a non-competition clause in a labour contract to be effective. (3 marks)
(c) State the restriction on the duration of time for a non-competition clause in a labour contract. (3 marks)
(10 marks)
8 Guanghua Company (Guanghua) and Dongda Company (Dongda) entered into a cooperation agreement to build a
building jointly. They agreed that Guanghua would provide all the funds for the construction and hold half of the
building, while Dongda would provide the land-use right for construction and also hold half of the building after
construction; the ownership of the building would be held jointly by the two parties, but would be registered under
the name of Dongda. They also stated in the agreement that any disposal of the building must only be decided with