Transcribed Image Text
Read the following and answer the related questions that followit.Auric plc is a mining company, whose main business consists ofopen castmining. It has Articles of Association that are in the form ofmodel Articles. Theboard of directors includes Penny, Howard and Emily.At a recent board meeting, the directors considered an offerfrom Trek Minesplc to sell land adjoining one of Auric plc’s mining sites for£550,000. Theboard of Auric plc decided that the company should not accept theoffer as itdoubted whether it could raise the finance needed to buy the land.Penny thenformed her own company, Gold Ltd, which purchased the land for£550,000. Atthe same meeting, the directors discussed a proposed contract withTexas plc,which is being considered to survey a plot of land recentlypurchased by Auricplc. Howard owns 10% of the shares in Texas plc, but did not revealhis interestat the board meeting.Emily has an arrangement with Comic plc whereby she receives a10%commission for all orders placed with it by Auric plc. Six monthsago, Auric plcpurchased some drilling equipment from Comic plc for £100,000, forwhichEmily was paid £10,000 commission.The shareholders of Auric plc have discovered these facts, andthey havepassed an ordinary resolution directing the board of directors tocommencelegal proceedings against Penny, Howard and Emily.1.Which one of the following generally has the customary authorityto bind the company?Group of answer choicesA non-executive directorAny individual directorThe chairpersonThe managing director2.The duty of care, skill and diligence contained in s174 wasinspired by which offence?Group of answer choicesWrongful trading (s214(4) IA 1986)Insider dealingMarket abuseFraudulent trading3.The duty of care, skill and diligence is measured by looking atthe objective element - the care, skill and diligence of thereasonable director; and the subjective element looking at theactual director in question's knowledge and experience.Group of answer choicesTrueFalse4.Two non-executive directors were found to be negligent inDorchester Finance v Stebbings this was because :Group of answer choicesA director used two blank cheques handed to him by the twonon-executives and he used them to misappropriate fundsA director signed two blank cheques handed to him by the twonon-executives who used them to misappropriate fundsThe non-executive directors were accountants and should haveknown betterThe non-executive directors were accountants5.How was the director found negligent in Re D'Jan of LondonLtd?Group of answer choicesThe form was filled in by his insurance broker and therefore hedid not need to check itHe didn't check the renewal insurance form before signing itHe showed reasonable diligence when he signed the formA director must always read the whole of every document which hesigns
Other questions asked by students
A company produces steel rods. The lengths of the steel rods are normally distributed with a...
Solve the system by the substitution method.x+y = - 12y = - 4xSelect the correct...
Fill in the blank with an appropriate word, phrase, or symbol. With the quotient...
Find the arc length parameter along the curve from the point where t 0 by...
Factor f x into linear factors given that k is a zero of f x...
Use the following data to compute total manufacturing costs for the month. \table[[Sales...
At December 31, 2017 Hawke company reports the following results for its calendar year. cash...
l 3.00De prered stock and s0.03 per share on F. Declared c G. Paid the...