In the following statements about China's state-run system, those that do not conform to the provisions of the foreign legal system are ( ).
a. The catalogue of goods and authorized enterprises under the management of the state shall be determined, adjusted and published by the Ministry of Commerce in conjunction with other relevant departments.
b. The key to judging whether an enterprise is a state-owned enterprise is to see whether the enterprise enjoys a franchise or franchise in the international market, which is not necessarily related to the ownership form of the enterprise.
c. State-owned enterprises are generally operated by authorized enterprises.
d, d China can implement state-run management for the import and export of all goods.
Answer: D Analysis: Option D: China can implement state-run ** management for the import and export of "partial" goods.
Multiple choice] Company A issues a bank acceptance draft to Company B, which is signed by the person in charge of finance of Company A and stamped with the special contract seal of Company A. Later, Company B transferred the endorsement of the bill of exchange to Company C, but did not record the name of the endorsee, and Company C transferred the endorsement of the bill of exchange to Company D after recording its name in the column of the endorsee. According to the provisions of the legal system of negotiable instruments, among the following statements, the correct one is ( ).
a. Company B obtains the right to the bill due to the act of issuing the bill.
b. Company C obtains the right to the instrument due to the endorsement.
c. Company D obtains the right to the instrument due to the endorsement.
d. Company B, Company C and Company D have not obtained the right to the bills.
Answer: D analysis: the signature of the drawer of the bill of exchange should be the special financial seal or official seal of company A plus the signature of its legal representative or its authorized person, because the drawer's signature does not meet the requirements, the bill is invalid. Company B, Company C and Company D are not entitled to the negotiable instrument.
Multiple choice question] (2014) A listed company intends to hire an independent director, A is a college classmate of the company's human resources director, B is the person in charge of a state-owned enterprise holding 7 shares in the company, C was the manager of the company's finance department, and left half a year ago, Ding is a professor at the law school of a university and part-time serves as the legal counsel of the company's subsidiary
A, A. b, b.
C. D, D.
Answer: A Analysis: (1) A: Personnel who work in listed companies or their subsidiaries and their immediate family members and main social relations (excluding college classmates and comrades-in-arms) shall not serve as independent directors;(2) B: Persons and their immediate family members who directly or indirectly hold more than 5 of the issued shares of a listed company shall not serve as independent directors;Overpressure paper before the accounting exam, updated one week before the golden exam software, **link www.jinkaodian.com(3) C: Persons who have worked in listed companies or their subsidiaries in the last one year, as well as their immediate family members and main social relations, shall not serve as independent directors;(4) D: Personnel who provide financial, legal, consulting and other services for listed companies or their subsidiaries shall not serve as independent directors.
Multiple choice question] (2009) Company C holds a card with Company A as the drawer. Bank B is the acceptor. Company C was the payee's bank acceptance draft, and the maturity date of the draft was June 5, 2007, but Company C had not asserted the right to the bill. According to the provisions of the legal system of negotiable instruments, the extinguishing time of Company C's negotiable rights against Company A is ( ).
a. 15 June 2007.
b. 5 December 2007.
c. June 5, 2008.
d. June 5, 2009.
Answer: D analysis: the holder of the commercial bill of exchange has the right of recourse against the drawer (Company A), and the extinction limitation period is 2 years, which is calculated from the maturity date of the bill (June 5, 2007).
Company A borrowed 1 million yuan from Bank B, Company C was the joint guarantor, and the debtor, Company A, and the guarantor, Company C, were both ruled to enter bankruptcy proceedings. According to the provisions of the legal system of enterprise bankruptcy, among the following statements, the incorrect one is ( ).
a. Creditor Bank B has the right to declare the creditor's rights of 1 million yuan to Company A and Company C respectively.
b. If Bank B obtains a repayment of RMB 100,000 in the bankruptcy proceedings of Company C, the amount of its claims against Company A still needs to be adjusted.
c. If the repayment rate of Company A is 20%, Bank B will get a repayment of 200,000 yuan from Company A.
d. Company C no longer has the right to claim compensation against Company A after fulfilling the guarantee liability of 100,000 yuan.
Answer: B Analysis: Option B: If Bank B obtains a repayment of $100,000 in the bankruptcy proceedings of Company C, its claim against Company A does not need to be adjusted (it is still a claim of $1 million).
Multiple choice question] Company A is a wholly state-owned company, and among the following resolutions made by its board of directors, it is ( ) that conforms to the provisions of the company's legal system
a. Appointed Zhang as the manager of the company.
b. Co-opt employee Wang as a director of the company.
c. Approve director Lin to concurrently serve as the manager of B Co., Ltd.
d. Decided to issue corporate bonds of 5 million yuan.
Answer: A Analysis: (1) Option A: The manager of the wholly state-owned company shall be appointed or dismissed by the board of directors;(2) Option B: The employee representatives on the board of directors of the wholly state-owned company shall be elected by the workers' congress;(3) Option C: The chairman, vice chairman, directors and senior management of a wholly state-owned company shall not hold part-time positions in other companies without the consent of the State-owned Assets Supervision and Administration Agency (not the board of directors).(4) Option D: The "merger, division, dissolution, increase or decrease of registered capital and issuance of corporate bonds" of a wholly state-owned company shall be decided by the state-owned assets supervision and administration authority (not the board of directors).
Multiple choice questions] (2018) According to the provisions of the anti-monopoly legal system, the factors that can be considered when determining that a business operator with a dominant market position sells goods at an unfair ** are ( ).
a. Whether the sales ** are significantly higher than the sales of the same kind of goods or comparable commodities by other business operators under the same or similar market conditions.
b. Whether the sales ** are significantly higher than the sales of goods in other areas with the same or similar market conditions by the same operator.
c. In the case of basic stable costs, whether to increase sales beyond the normal range.
d. Whether the price increase of the goods sold is significantly higher than the cost increase.
Answer: ABCD
Multiple choice questions] A and B were both born on January 1, 2003. A started working on 1 January 2019 and lives on his own labor income**;B is still in high school and cannot live independently. Among the following statements about the capacity of A and B, the correct one is ().
a. A is a person with limited capacity for civil conduct.
b. A shall be regarded as a person with full capacity for civil conduct.
c. B is a person with limited capacity for civil conduct.
d. B shall be regarded as a person with full capacity for civil conduct.
Answer: BC analysis: Minors over the age of 16 who live mainly on their own labor income** are regarded as persons with full capacity for civil conduct.
According to the provisions of the legal system of state-owned assets of enterprises, among the following options, when the institution that belongs to the state-funded enterprise and performs the duties of the investor approves the issuance of the listed company controlled by the state-owned shareholder, the documents that should be reviewed are ( ).
a. Board of directors meetings of listed companies.
b. The plan for the issuance of ** by the listed company controlled by the state-owned shareholder.
c. Feasibility study report.
d. Legal opinion issued by the law firm.
Answer: ABCD
Analysis: When a state-funded enterprise or an institution performing the duties of an investor approves the issuance of a listed company controlled by a state-owned shareholder, it shall review the following documents: (1) the resolution of the board of directors of the listed company (option a);(2) The plan for the issuance of ** by a listed company controlled by a state-owned shareholder (option b);(3) Feasibility study report (option c);(4) Legal opinion issued by a law firm (option D);(5) Other documents deemed necessary by state-funded enterprises and institutions performing the duties of investors.
According to the provisions of the Company Law, among the following options, the conditions that should be met for the establishment of shares are ( ).
a. The promoter meets the quorum.
b. The total amount of share capital subscribed by all the promoters in accordance with the provisions of the articles of association of the company or the total amount of paid-in share capital raised.
c. The promoter formulates the articles of association of the company, and adopts the establishment of the company through the adoption of the founding meeting.
d. Have a company domicile.
Answer: ABCD
Analysis: The "Company Law" stipulates that the following conditions shall be met for the establishment of shares: (1) the promoter meets the quorum;(2) The total amount of share capital subscribed by all the promoters or the total amount of paid-in share capital raised in accordance with the provisions of the articles of association;(3) The issuance and preparation of shares comply with the provisions of the law(4) If the promoter formulates the articles of association of the company and adopts the method of fundraising, it shall be approved by the founding meeting;(5) The name of the company, the establishment of an organizational structure that meets the requirements of the shares;(6) Have a company domicile.