This question requires candidates to deal with the legal issues relating to derivative litigation under the Company Law of China.
(a) Ms E was entitled to bring a lawsuit against Mr A. The legal basis for this conclusion is Articles 21, 150 and 152 of the Company Law. The controlling shareholders, actual controllers or directors of a company shall not, by taking advantage of their affiliate relationship, damage the interests of the company. Where any of the above-mentioned persons violates laws or articles of association of a company and causes damages to a company, such person shall be liable for the damages. If such a situation occurs, any shareholder may directly bring a lawsuit against the director, subject to the conditions as prescribed by the Company Law.
(b) In accordance with Article 152 of the Company Law, the following conditions shall be satisfied:
(i) Ms E requests the supervisory board in writing to bring a lawsuit against the director who causes the damage;
(ii) the supervisory board, upon its receipt of Ms E’s request, fails to file a lawsuit within 30 days upon the receipt of such request;
(iii) Ms E brings a lawsuit against the Mr A for the interests of the company, in her own name.
(c) Assuming Ms E was granted a favourable judgement by the court, the beneficiary should be Tenda Co Ltd. Although Ms E brought the lawsuit in her own name, the legal action was for the interests of the company. Therefore, the result of such a legal action should be attributed to the company.

未分类题Dalie Limited Liability Co (Dalie Co) applied to the people’s court for bankruptcy due to its poor business operations. On 30 April 2012, the people’s court rendered an order to accept the bankruptcy application and designated a bankruptcy administrator. At this moment, Dalie Co faced the following key financial matters:(i) Construction Company had brought a lawsuit against Dalie Co for its delay to pay the construction price due, but the case was still pending for trial;(ii) Dalie Co owed a loan totalling RMB 20 million yuan to Industry Bank, of which RMB 12 million yuan was secured by a guarantee agreement on the buildings of Dalie Co;(iii) Dalie Co had provided a guarantee to Merchant Bank for a loan of RMB 10 million yuan borrowed by Jiqing Company. The loan has matured but Jiqing Company failed to repay the principal and interest.Required:Answer the following questions in accordance with the Enterprise Bankruptcy Law of China, and give your reasons for your answers:(a) state how to deal with the pending disputes between Construction Company and Dalie Co; (3 marks)(b) state how to deal with the loan of RMB 20 million yuan owed to Industry Bank; (3 marks)(c) state whether Merchant Bank was entitled to declare the credit and join the bankruptcy procedure. (4 marks)

未分类题Aishen Garment Co entered into a contract with Bulinger Store to sell 10,000 pieces of sportswear to the latter. Under the contract Aishen Garment Co would deliver the goods at Bulinger Store’s warehouse by 30 June 2012 and receive payment upon delivery of the goods.Having found market conditions tough after the conclusion of the contract, Bulinger Store asked to decrease the quantity of goods, but Aishen Garment Co disagreed. At this moment, Bulinger Store learnt that a company named Conka Sales intended to buy the same garments and resell them to another province. Therefore, Bulinger Store concluded an agreement with Conka Sales to transfer the rights and obligations under its contract with Aishen Garment Co.Bulinger Store sent a letter to Aishen Garment Co, notifying it that the rights and obligations under the contract had been transferred to Conka Sales. Aishen Garment Co did not reply to the letter.On 15 June 2012, however, Aishen Garment Co sent a fax to advise Conka Sales to be prepared for receiving the goods. At the end of June Aishen Garment Co delivered 10,000 pieces of sportswear to the premises of Conka Sales and received the total price paid by Conka Sales. However, a certificate of inspection issued by an independent institute indicated that nearly 30% of the goods were below the quality standard. Therefore, Conka Sales intended to reject the goods. Aishen Garment Co insisted that there was no contractual relationship between them, since it was merely under its contract with Bulinger Store to directly deliver the goods to Conka Sales.Required:Answer the following questions in accordance with the Contract Law of China, and give your reasons for your answers:(a) state whether there was a contractual relationship between Aishen Garment Co and Conka Sales; (8 marks)(b) state whether Aishen Garment Co or Bulinger Store should be liable for the defects of the goods. (2 marks)

未分类题将10万元进行投资，年利率10%，每季度付息一次，两年后终值是()万元。

未分类题()是个人理财业务的供给方，是个人理财服务的提供商之一。

未分类题下列哪一项不属于执行理财规划方案的原则?()

未分类题国华集团从2006年到2013年每年年底存入银行100万元，存款利率为5%，问2013年底可累计多少金额?()(n r=9.549)

判断题商业银行从业人员不得向监管人员行贿，不得以任何方式向监管人员提供或许诺提供任何不当利益、便利或优惠。()

判断题银行业从业人员离职时，只能带走自己在工作中积累的客户资料。()

判断题商业银行从业人员应该按监管部门要求的送报方式、送报内容、送报频率和保密级别报送非现场监管需要的数据和非数据信息，并建立重大事件报告制度。()

判断题商业银行从业人员应该积极配合监管人员的现场检查工作，及时、如实、全面地提供资料信息。()

判断题银行业从业人员应牢固树立商业保密和知识产权保护意识，与同业人员接触时不得泄露本机构客户信息。()

判断题人民币零存整取存款计息方式，对于同一存款种类，各家银行之间将会出现计息方式的差异。()

判断题旅行支票不可以用于支取现金。()

判断题一笔业务只要产生了现金流动，都需要在现金流量表中反映出来。()

判断题银行业从业人员在办理信贷业务中，不得违反监管部门的规定，采取降低贷款条件争揽客户、开展授信营销或提供承诺。()