City College, Yolo Co and Mr Wang entered into an investment contract to set up a limited liability company, with a registered capital of RMB 4·5 million yuan, in the bio-tech business. With respect to the capital contributions of each sponsor, they agreed that City College would provide its technology at a value of RMB 1·5 million yuan; Yolo Co would provide its workshop as its capital contribution at a value of RMB 1 million yuan after the conclusion of the contract and Mr Wang would provide RMB 2 million yuan in cash within three months upon its incorporation.
After the incorporation of the company, Yolo Co provided its workshop to the company according to the investment contract. Mr Wang paid only RMB 1·5 million yuan before the deadline of his capital contribution as prescribed in the investment contract, due to a shortage of cash.
Required:
Answer the following questions in accordance with the Company Law, and give your reasons for your answers:
(a) state whether the limited liability company could be legally established;
(b) describe the procedure which should be taken with respect to the capital contributions to the company in the form of technology;
(c) explain the liability of Mr Wang for failing to discharge his obligation to make a full capital contribution.
General Contractor entered into a supply contract with Material Co to buy various construction materials at a total price of RMB 20 million yuan. Under the contract, Material Co would provide the first shipment of construction materials, worth RMB 6 million yuan, within 10 days after the conclusion of the contract and General Contractor would make the first payment in 90 days after receipt of the materials. To secure the payment by General Contractor, Huadong
Holdings Co issued a letter of guarantee to provide a guarantee of RMB 6 million yuan in favour of Materials Co. Five days after the conclusion of the contract, Material Co delivered the first shipment to General Contractor.
Due to a dramatic increase of various costs, General Contractor was unable to settle the debts owed to its suppliers or sub-constructors and was declared bankrupt by its creditors. The court confirmed the application of bankruptcy and designated a bankruptcy administrator. Materials Co did not know about the bankruptcy of General Contractor and did not declare its credit because it was located in another province.
Having known the information about General Contractor’s bankruptcy, Huadong Holdings Co came to declare its credit as a guarantor for the preliminary payment. The bankruptcy administrator held that Huadong Holdings Co was not a qualified creditor as it had not borne its guarantor’s obligation and refused to accept the declaration of credit by Huadong Holdings Co.
Required:
Answer the following questions in accordance with the Enterprise Bankruptcy Law, and give your reasons for your answers:
(a) discuss whether Huadong Holdings Co should be a qualified creditor of the debtor given that it had not borne its guarantor’s obligation;
(b) discuss whether Huadong Holdings Co was entitled to declare its credit if Materials Co came to declare its credit of RMB 6 million yuan against General Contractor.
根据“一鸟在手”理论所体现的收益与风险的选择偏好，股东更( )。(第十一章 股利分配、股票分割与股票回购)
A.偏好于现金股利
B.偏好于资本利得
C.倾向于选择股利支付率高的股票
D.倾向于选择股利支付率低的股票
下列关于股票分割的说法中，错误的是( )。(第十一章 股利分配、股票分割与股票回购)
A.股票分割不属于股利支付的形式
B.股东权益各项目的结构不变
C. 普通股股数增加
D. 股价上涨幅度不大时采用
下列案件中，适用《民事诉讼法》的有( )。
A.公民名誉权纠纷案件
B.企业与银行因票据纠纷提起诉讼的案件
C.纳税人与税务机关因税收征纳争议提起诉讼的案件
D.劳动者与用人单位因劳动合同纠纷提起诉讼的案件
甲公司对乙公司负有债务。为了担保其债务的履行，甲公司同意将一张以本公司为收款人的汇票质押给乙公司，为此，双方订立了书面的质押合同，并交付了票据。 甲公司未按时履行债务，乙公司遂于该票据到期时持票据向承兑人提示付款。下列表述中，正确的是( )。(第九章 票据与支付结算法律制度)
A. 承兑人应当向乙公司付款
B.如果乙公司同时提供了书面质押合同证明自己的权利，承兑人应当付款
C.如果甲公司书面证明票据质押的事实，承兑人应当付款
D.承兑人可以拒绝付款
甲公司是一金额为 80 万元的汇票的持票人。甲公司在汇票上背书：“将此汇票金额中的 50 万元转让给乙公司”。甲公司背书的后果是( )。(第九章 票据与支付结算法律制度)
A.背书无效，票据权利不发生转移的后果
B.视为将全部票据权利转让给乙公司
C. 背书有效，乙公司取得 50 万元票据权利
D. 背书违反票据法，导致票据无效
下列关于增值税征税范围的说法，正确的是( )。
A.股权转让不征收增值税
B.资产重组中涉及到的货物，应征收增值税
C.资产重组中涉及到的不动产、土地使用权，不征收增值税
D.各燃油电厂从政府财政专户取得的发电补贴，不征收增值税
E.由于电梯属于不动产，因此电梯厂销售电梯应该按照9%征收增值税
下列( )应视同销售征收增值税。
A.企业将资金无偿借给个人使用
B.个人股东王某将资金无偿借给企业使用
C.将购进的月饼分发给本企业职工
D.将自产的白酒作为礼品赠送
E.个人将房屋无偿赠送给他人
债务人或者管理人应当自人民法院裁定债务人重整之日起( )内，同时向人民法院和债权人会议提交重整计划草案。
A.6个月
B.3个月
C.15日
D.45日
长理培训客户端 资讯,试题,视频一手掌握
去 App Store 免费下载 iOS 客户端
点击加载更多评论>>