題目
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?Two years ago Fin inherited some money and decided to invest the money in company shares.?

At that time he heard that Heave Ltd was badly in need of additional capital and that the directors had?decided that the only way to raise the needed money was to offer fully paid up ￡1 shares to new members at?a discount price of 50p per share. Fin thought the offer was too good to miss and he subscribed and paid for?20,000 new shares on this basis. However, Heave Ltd has since gone into insolvent liquidation, owing a?considerable sum of money to its unsecured creditors.?

With the remaining money of his investment Fin subscribed for 10,000 shares in Irk plc. Although they were?nominally ￡1 shares, he was required to pay a premium of ￡1 for each share he subscribed for. The shares?are currently trading at ￡2 per share.?

30

【論述題】

?Explain the extent of Fin's liability for Heave Ltd's debts?

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考點：Chapter17Capitalmaintenanceanddividendlaw

?On allotment, it is possible for part of the payment for shares to be deferred to a future date. In such cases?the shares are referred to as 'partly paid'. In the event of the shares being transferred, the unpaid capital?passes with the shares as a debt payable by the holder at the time when payment becomes due. Fin is?therefore liable to Heave Ltd for the unpaid element of 50p per share. He will therefore have to pay up to a?maximum of ￡10,000 to Heave Ltd, depending on the actual liabilities of the company.?

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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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