优先股股东可以出席股东大会会议的情况有(　　)。 A. 修改公司章程中与优先股相关的内容 B. 发行优先股 C. 一次或累计减少公司注册资本超过5% D. 变更公司形式

债券按偿还方式分类，可以分为(　　)。

A. 到期一次债券

B. 分期债券

C. 提前偿还债券

D. 延期偿还债券

假设其他因素不变，下列各项中，会导致折价发行的平息债券价值上升的有(　　)。

A. 提高票面利率

B. 缩短付息期间

C. 等风险债券的市场利率上升

D. 缩短到期时间

S公司准备发行5年期债券，面值为1000元，票面利率10%，到期一次还本付息。等风险的市场利率为8%(复利折现)，则该债券的价值为(　　)元。

A. 1071.43

B. 1020.9

C. 1000

D. 930.23

资本市场上的某股票经测算可知，该股票的价格高于股票的价值，据此可确定下列表述中正确的是(　　)。

A. 该股票的期望报酬率大于投资的必要报酬率

B. 该股票的期望报酬率小于投资的必要报酬率

C. 该股票的期望报酬率等于投资的必要报酬率

D. 无法确定该股票的期望报酬率和投资的必要报酬率的大小关系

下列关于诉讼地域管辖的规定中，说法正确的有(　)。

A.因合同纠纷提起的诉讼，必须由被告住所地法院管辖

B.因人身保险合同纠纷提起的诉讼，可以由被保险人住所地人民法院管辖

C.因票据纠纷提起的诉讼，由票据支付地或者被告住所地法院管辖

D.因产品质量不合格侵害他人财产的，产品制造地、产品销售地、侵权行为地和被告住所地人民法院均有管辖权

根据相关法律规定，对于仲裁机构的生效裁决，一方当事人不履行的，另一方当事人可以请求强制执行的人民法院有(　)。

A.申请人住所地人民法院

B.被执行人住所地人民法院

C.仲裁委员会住所地人民法院

D.被执行的财产所在地人民法院

 In relation to the Judicial Interpretation on the Application of the Contract Law by the Supreme People’s Court:

(a) state the procedural way to deal with the situation when an obligee has assigned his rights to a third party and a dispute, between the obligator and the assignee, is brought to the people’s court;

(b) state the procedural way to deal with the situation when an obligor has assigned his obligations to a third party and a dispute, between the assignee and obligee, is brought to the people’s court;

(c) state the procedural way to deal with the situation when a party has assigned his rights and obligations to an assignee and a dispute, between the other party and the assignee, is brought to the people’s court.

This question requires candidates to explain a pre-contractual liability, distinguish between this and liability for breach of contract and state the conduct of a party that will result in pre-contractual liability under the Contract Law of China.

(a) Pre-contractual liability refers to the liability incurred by a party’s conduct, as prescribed in the Contract Law, which causes a loss or damages to the other party during the process of negotiating a contract but the contract is finally not concluded.

The major difference between the pre-contractual liability and the liability for breach of contract is: under the pre-contractual liability there is no contract by the two parties who have negotiated to conclude a contract; while under the liability for breach of contract an effective contract has been concluded but one of the parties breaches it. Under pre-contractual liability the form of liability is compensation for loss while under liability for breach of contract the form of liability includes specific performance, liquidated damages and damages.

(b) In accordance with Article 42 of the Contract Law, a party with the following conduct in negotiating a contract shall be liable for the losses caused to the other party:

(i) under the pretext of concluding a contract, to negotiate in bad faith;

(ii) deliberate concealment of the important facts relating to concluding a contract or providing false information;

(iii) other conduct in violation of the principle of good faith.

In relation to the Company Law of China:

(a) state the composition of the board of directors of a general limited liability company;

(b) state the composition of the board of directors of a limited liability company that is incorporated by two or more state-owned enterprises;

(c) state the way to deal with the situation where the number of directors is less than a quorum due to various causes and the re-election has not been completed.

In relation to the Enterprise Bankruptcy Law of China:

(a) explain the term rectification;

(b) state the legal effect of rectification on the right of guarantee during the period of rectification.

6 In relation to the Securities Law of China:

(a) explain a takeover by offer of a listed company;

(b) explain what happens after the expiration of the duration of the takeover by offer.