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BA4 Fundamentals of Ethics, Corporate Governance and Business Law Questions and Answers

Questions 4

Which of the following terms can be defined as follows?

 

"...the generic way that organizations are run"

Options:

A.

Ethics

B.

Social responsibility

C.

Corporate governance

D.

Professional behavior

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Questions 5

Mr A sent an email to Mr B offering to sell him some goods for $1.000 Mr B replied by email stating I'll buy the goods Payment will be made over the next 4 weeks." Mr B has now discovered that Mr A has sold the goods to Mr C. Which of the following is correct?

Options:

A.

Mr A has acted in breach of contract as Mr B has accepted his offer

B.

Mr A was free to sell the goods to Mr C as communications by email are presumed to show that the parties did not intend to create legal relations

C.

Mr C has intervened in the contract of Mr A and Mr B and can be forced to return the goods for the benefit of Mr B

D.

Mr A was free to sell the goods to Mr C as Mr B's email amounted to a counter offer which rejected Mr A's offer

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Questions 6

Which of the following is correct?

Options:

A.

A special resolution may be passed by 51% of the shareholders who are present voting in favor of the proposal either in person or by proxy.

B.

A special resolution may be passed by 75% of the shareholders who are present voting in favor of the proposal either in person or by proxy.

C.

A special resolution may only be passed by 75% of all the company's shareholders voting in favor of the proposal either in person or by proxy.

D.

A special resolution may only be passed by all the company's shareholders voting in favor of the proposal either in person or by proxy.

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Questions 7

Which of the following is incorrect in relation to the remedy of liquidated damages?

Options:

A.

A liquidated damages clause will be void if it amounts to a penalty clause.

B.

A liquidated damages clause will apply where it is a genuine attempt to pre-estimate the loss caused by a breach of contract.

C.

If a liquidated damages clause is held to be void, the innocent party cannot claim on a quantum meruit basis.

D.

If a liquidated damages clause is found to be reasonable, the amount specified must be claimed, even if it is less than the actual loss caused by the breach.

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Questions 8

Which of the following causes a charge to be void?

(i) A failure to register the charge at Companies House within 21 days of its creation.

(ii) A failure to register the charge at the company's registered office.

(iii) The issue of a charge to secure borrowing which is outside the directors' authority 

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(i), (ii) and (iii).

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Questions 9

Which of the following statements is INCORRECT?

(i) A counter offer has the legal effect of destroying the original offer and putting another offer in its place.

(ii) For an agreement to be valid at law, the offer and the acceptance must be in the same form.

(iii) Agreements made by email are unenforceable at law.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(ii) and (iii) only

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Questions 10

Which of the following are TWO reasons why new legislation might be introduced in response to corporate scandals?

Options:

A.

To prevent this type of unethical behavior by making it illegal

B.

To punish individuals for adhering to codes of ethics

C.

To encourage companies to make their own decisions about ethical matters

D.

To enforce minimum standards of behavior

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Questions 11

Which of the following is correct in relation to international relations?

(i) International regulations are voluntarily entered into by commercial and professional bodies to standardize practices and procedure to make it easier to enter into international trading agreements.

(ii) International regulations which have been agreed by the professional bodies of different states are only binding on the members of those bodies or those who choose to adopt them.

(iii) International regulations may attain the force of law by being adopted by the legislatures of individual states

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) only

D.

(i), (ii) and (iii)

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Questions 12

Which of the following does the CIMA Code of Ethics fundamental principle of integrity NOT involve?

Options:

A.

Being straightforward and honest

B.

Fair dealing and truthfulness

C.

Avoiding false or misleading reporting statements

D.

Being respectful of others

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Questions 13

B agreed in his contract that he would not work for a competitor of Gee Ltd for a period of 12 months after leaving the company's employment. On leaving Gee Ltd, B worked for Zed Ltd, a competitor of Gee Ltd. If the restriction in B's contract with Gee Ltd should be found to be reasonable, which of the following remedies is Gee Ltd entitled to? 

(i) A decree of specific performance forcing B to comply with his contract with Gee Ltd.

(ii) Damages in respect of any loss caused by B's breach of contract.

(iii) An injunction to stop B working for Zed Ltd. 

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 14

Which of the following is correct in relation to a company's ability to have a restricted objects clause in its constitution?

(i) A company may restrict its objects in its constitution

(ii) Any clause restricting the company's objects should be included in the company's articles of association

(iii) The shareholders may pass a special resolution to alter the company's constitution by including a clause which restricts the company's objects

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (ii) only

D.

(i), (ii) and (iii)

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Questions 15

Which of the following is not an equitable remedy?

Options:

A.

Specific performance.

B.

An injunction.

C.

Damages.

D.

Rescission.

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Questions 16

How might an organization exercise ethical control over its staff? Select ALL that apply.

Options:

A.

Ensure that hired employees have a strong set of moral values and principles that they take into account when making decisions.

B.

Ensure than an organizational culture is developed and adhered to.

C.

Ensure that the company has its own ethical code that is communicated and followed.

D.

Ensure that all employees adhere to a rules-based approach.

E.

Ensure that all employees adhere to a conceptual framework.

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Questions 17

Which of the following is correct in relation to financial assistance for the purchase of its own shares provided by a private company?

Options:

A.

Financial assistance is a criminal offence on the part of the company

B.

The directors may be fined if they allow the company to provide financial assistance

C.

In general the existing prohibition has been removed for private companies

D.

Financial assistance cannot be used where a majority shareholder is retiring

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Questions 18

Which of the following is not a legal person?

Options:

A.

A private limited company.

B.

A sole trader.

C.

A public limited company.

D.

A firm of accountants.

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Questions 19

Who is involved in the third party relationship?

Options:

A.

Auditor, shareholders, directors

B.

Auditor, stakeholders, directors

C.

Auditor, shareholders, employees

D.

Auditor, stakeholders, government

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Questions 20

P contracted to buy a computer from CD (Retailers) Ltd. The contract contained a term excluding liability for any breach of the condition implied by the Sale of Goods Act 1979 that the goods should be of "satisfactory quality".

 

Which of the following is correct?

Options:

A.

If this is a consumer sale the clause is void.

B.

If this is a non-consumer sale the clause is valid.

C.

Conditions implied by the Sale of Goods Act 1979 cannot be excluded in any kind of sale.

D.

If this is a consumer sale the clause is void unless it can be shown to be reasonable.

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Questions 21

Although no-one has reason to suspect, you have taken a violent dislike to a particular assurance client. This could severely affect your independence:

Options:

A.

Of belief

B.

In appearance

C.

Of mind

D.

In competence

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Questions 22

Dilemmas arise when:

Options:

A.

There are two or more unpalatable choices

B.

There is a choice between what is good for me and what is prescribed professional standards

C.

You are asked to do something illegal

D.

You have no choice

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Questions 23

In the event of a conflict between European Law and French Law which will prevail?

Options:

A.

French private law

B.

French public law

C.

The French Code Civile

D.

European law

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Questions 24

What is the rule in Foss v Harbottle (1843)?

Options:

A.

Where a wrong has been done to the company it is the company which should sue.

B.

Where a wrong has been done to the company it is the directors who should sue.

C.

Where a wrong has been done to the shareholders it is the company which should sue.

D.

Where a wrong has been done to the directors it is the company which should sue.

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Questions 25

Seb is auditing a large firm in the City. He wants to access the company's books and records, to be notified of any shareholder meetings and to ask the company's senior staff to produce certain documents that he feels

are necessary to audit.

However, the company he is auditing denies every one of these requests.

Should Seb's requests be granted?

Options:

A.

Yes, they should all be granted.

B.

He should only be given access to the company's books and records.

C.

He should be given access to the company's books and records and he should be notified of any shareholder meetings.

D.

He should be given access to the company's books and records and he should be able to ask the company's senior staff to produce certain documents that he feels are necessary to the audit.

E.

The company was right to refuse all ofSeb's requests.

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Questions 26

You work for a chain of coffee shops who are proud of their sustainable credentials and have used their claim to recycle all of their disposable cups as part of their brand identity. An audit has revealed that staff in one region (West) are mixing these cups into normal waste and sending them to landfill in spite of the ethical code of practice of the company

Which TWO of the following might explain why the code has failed to promote the desired behavior?

Options:

A.

The regional manager has been actively promoting expanded green programs through a Green West is Best initiative which has involved all store managers and teams in the West region

B.

The induction programmer for new staff has been recently updated and the section on recycling procedures has been inadvertently dropped. The initial staff training is done in the store through shadowing experienced staff for a month before any tasks are attempted unsupervised

C.

A recent focus on staff efficiency in the West region failed to reflect the time needed to sort the recycle waste from the normal waste at the end of the day. West store managers were rewarded for their recycle rates and these are published in a district league table each quarter.

D.

The regional manager of the West branch has not been checking on the recycling reports which would have highlighted this issue and so there have

been no adverse consequences to the staff concerned

E.

A recent focus on staff efficiency in the West region failed to reflect the time needed to sort the recycle waste from normal waste at the end of the day West store managers and teams were rewarded on efficiency and not recycle rates.

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Questions 27

Which of the following statements regarding companies limited by shares and general partnerships is correct?

Options:

A.

Unlike a general partnership, a private company limited by shares may create a floating charge as security for a loan

B.

Private companies limited by shares and general partnerships are required to disclose financial information regarding the operation of the business to the general public

C.

In the event of insolvency both a private company limited by shares and a general partnership may be placed in insolvent liquidation

D.

Both a private company limited by shares and a general partnership are established by registration

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Questions 28

Which of the following statements is correct?

(i) A term may be implied into a contract by statute.

(ii) A term may be implied into a contract on the ground that it is a trade custom.

(iii) A term may be implied into a contract by a court in order to give the agreement "business efficacy".

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(iii) only

D.

(i), (ii) and (iii)

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Questions 29

Which of the following is NOT one of the 'seven principles of public life', as defined by the Committee of Standards in Public Life?

Options:

A.

Integrity

B.

Objectivity

C.

Confidence

D.

Openness

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Questions 30

Which of the following are correct in relation to supervisory and management boards of directors?

1 A supervisory board reports to the mangament board in respect of business policy and future strategy

2 A management board is usually made up entirely of executive directors

3 A supervisory board includes employee representatives.

Options:

A.

2 only

B.

1 and 2 only

C.

2 and 3 only

D.

1 only

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Questions 31

Which of the following is correct?

(i) A contract for the sale of land must be in writing.

(ii) A consumer credit agreement must be in writing.

(iii) A contract of employment must be in writing.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(i), (ii) and (iii)

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Questions 32

You always take the time to be polite to colleagues and listen to the opinions of others, even if you might disagree with their views. Which TWO of the personal qualities identified by the CIMA Code of Ethics does this demonstrate?

Options:

A.

Responsibility

B.

Reliability

C.

Respect

D.

Courtesy

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Questions 33

Tom is a director of XYZ Ltd. The company is considering purchasing Tom's business for £200,000. Which of the following is incorrect?       

Options:

A.

Tom cannot contract with XYZ Ltd as he would be placing himself in a conflict of interest and duty situation.

B.

Tom must formally disclose his interest in the contract to the board.

C.

The shareholders may approve the arrangement by passing an ordinary resolution.

D.

The purchase consideration may be in the form of cash or shares.  

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Questions 34

Which of the following is correct in relation to the UK Corporate Governance Code?

(i) The Code gives rise to a disclosure requirement

(ii) Breach of the Code gives rise to criminal penalties

(iii) Breach of the Code gives rise to civil liability

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(iii) only

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Questions 35

While working as an accountant, you are asked to overlook certain irregularities in your company's accounts. This is likely to result in tensions described by which TWO of the following four options:

Options:

A.

Personal and societal values

B.

Personal and corporate values

C.

Professional and corporate values

D.

Professional and societal values

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Questions 36

Which of the following does the IFAC Code of Ethics establish?

Options:

A.

Legal requirements for professional accountants

B.

Standards of behavior for professional accountants

C.

Judicial requirements for professional accountants

D.

Standards of commitment for professional accountants

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Questions 37

The primary role of internal audit within an organisation is to:

Options:

A.

serve as the investigative arm of the board

B.

serve as an independent, objective assurance and consulting activity that adds value to operations

C.

carry out assignments to assist in the attainment of more efficient operations

D.

assist the external auditor in order to reduce external audit fees

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Questions 38

B Ltd has an issued share capital of 1,000 ordinary £1 shares. The board of B Ltd has resolved to alter the company's articles of association. Which of the following is correct? 

(i) The articles may be altered by board resolution.

(ii) The articles may be altered by a written resolution of the shareholders.  

(iii) The articles may be altered by a special resolution of the directors.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(ii) and (iii) only

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Questions 39

Being able to be trusted by others to be dependable reflects the personal quality identified by the CIMA Code of Ethics as:

Options:

A.

Traditionalism

B.

Reliability

C.

Respect

D.

Transparency

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Questions 40

Being accountable for one's actions and decisions reflects the personal quality identified by the CIMA Code of Ethics as:

Options:

A.

Responsibility

B.

Reliability

C.

Respect

D.

Reserve

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Questions 41

Which of the following is correct in relation to damages?

(i) The victim of a breach of contract may claim damages in respect of losses caused by the breach which were within the contemplation of the contract breaker.

(ii) As a general rule damages cannot be claimed for annoyance and inconvenience caused by the breach of contract.

(iii) Where there is a breach of contract, damages are available to the innocent party as of right.

Options:

A.

(i) only

B.

(i), (ii) and (iii)

C.

(ii) only

D.

(ii) and (iii) only

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Questions 42

Danny holds 1%, Edward 2% and Fozia 3% of the issued share capital of Vee Ltd. Which of these shareholders, acting alone or together, hold the minimum percentage to entitle them to require the company to circulate a written statement of their views to all those entitled to receive notice of the forthcoming annual general meeting?     

Options:

A.

Fozia alone.

B.

Danny and Edward.

C.

Edward and Fozia.

D.

Danny and Fozia.

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Questions 43

T contracted to buy a washing machine from AB (Retailers) Ltd for his personal use at home. The contract contained a term excluding liability for any breach of the condition implied by the Sale of Goods Act 1979 that the goods should be of "satisfactory quality". The contract was on AB (Retailers) Ltd's standard form contract.

 

Which of the following is correct?

(i) Conditions implied by the Sale of Goods Act 1979 cannot be excluded in any sale.

(ii) This is a consumer sale and the clause excluding liability is void.

(iii) This is a non-consumer sale and the clause is void unless reasonable.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(i) and (ii) only

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Questions 44

  Which of the following is INCORRECT in relation to directors' duties?

i. Directors who arrange for shares to be offered directly to their supporters in order to prevent a take-over bid are acting lawfully so long as they have the legal power to allot shares in the company's constitution.

ii. Directors may act in breach of their duties and still be complying with the UK Corporate Governance Code.

iii. Directors' duties are owed to the shareholders as a body and enforceable by the company.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) only

D.

(ii) and (iii) only

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Questions 45

A business that has an internal ethical code is likely to experience which of the following benefits? Select ALL that apply.

Options:

A.

Better communication with staff

B.

Consistency of conduct

C.

Reduced risk

D.

Improved reputation

E.

Competitive advantage

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Questions 46

A, B and C carry on business in a general partnership. A has proved an unsatisfactory partner in that he is continually absent from work for no justifiable reason. B and C wish to expel A from the partnership. Which of the following is CORRECT?

Options:

A.

As they constitute the majority B and C may vote to expel A.

B.

A can only be expelled if the partnership agreement of A, B and C contains an express expulsion clause.

C.

B and C may vote to expel A as the Partnership Act 1890 contains an express provision enabling the majority to expel a partner.

D.

It is always unlawful to expel a partner. If B and C wish to carry on business without A the business will have to be dissolved and re-commenced by B and C.

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Questions 47

Which TWO of the following are features of a compliance-driven framework?

Options:

A.

Fear driven

B.

Mandatory

C.

Discretionary

D.

Implicit

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Questions 48

Which of the following statements is correct in relation to private and public companies limited by shares?

Options:

A.

A private and public company are required to hold an AGM

B.

A public company cannot commence trading until it has satisfied minimum share capital requirements

C.

A public company is required to have at least one director

D.

A private company must have a qualified company secretary

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Questions 49

Which THREE of the following statements are correct regarding the CIMA Code of Ethics for Professional Accountants?

Options:

A.

Where a statutory requirement is in conflict with a provision of the CIMA Code, the CIMA Code requirement prevails

B.

The CIMA Code is mandatory for all CIMA members and students, and is applicable to all professional services.

C.

The CIMA Code imposes an obligation on CIMA members and students to comply with relevant laws and regulations

D.

Professional accountants should consider the ethical requirements contained in the CIMA Code as the basic principles which they should follow in performing their work

E.

The CIMA Code is an example of a compliance driven ethical framework

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Questions 50

To which of the following contracts does the Supply of Goods and Services Act 1982 apply?

(i) A contract with a joiner for the manufacture and supply of a cabinet.

(ii) A contract for the hire of a car.

(iii) A contract with a builder to construct an extension to a house.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(i), (ii) and (iii)

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Questions 51

Which of the following is an example of a safeguard created by the profession, legislation or regulation as opposed to a safeguard in the work environment?

Options:

A.

Leadership of the organization which stresses the importance of compliance with the fundamental principles

B.

Leadership of the organization which establishes the expectation that members of an assurance team will act in the public interest

C.

Professional standards

D.

An organization having documented internal policies and procedures requiring compliance with the fundamental principles

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Questions 52

Which TWO of the following options describe safeguards that the CIMA Code of Ethics states may eliminate or reduce threats to compliance with fundamental principles to an acceptable level?

Options:

A.

Safeguards created by the Financial Reporting Council

B.

Safeguards created by the profession, legislation or regulation

C.

Safeguards in the governance environment

D.

Safeguards in the work environment

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Questions 53

Adam, Brian, Charles and David each held 25% of the issued share capital of ABCD Ltd. Adam has recently issued further shares to himself in order to increase his voting power. Which of the following is incorrect?

Options:

A.

The share issue is automatically invalid.

B.

The shareholders may ratify the share issue by ordinary resolution.

C.

The shareholders may challenge the validity of the share issue using Section 994 of the Companies Act 2006, on the ground that the issue is "unfairly prejudicial to the interests of the shareholders".

D.

The company may proceed against Adam for breach of fiduciary duty.

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Questions 54

In the event of the directors of a company limited by shares ignoring a provision in its Articles of Association which is for the benefit of the shareholders, which of the following is correct?

Options:

A.

The shareholders as a whole may sue the directors for breach of contract.

B.

Any or all of the shareholders may sue the company for breach of contract.

C.

Individual shareholders have no remedy against the company.

D.

Individual shareholders may sue the directors for breach of contract.

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Questions 55

X was employed by Bee Ltd as its senior design consultant. X contracted with Bee Ltd that, when his employment with the company ceased, he would not act in competition with it or solicit its customers. After X left Bee Ltd, he registered a company called Cee Ltd which immediately began working in competition with Bee Ltd and soliciting its customers. Bee Ltd complained to X about this conduct, but X stated that, as the work was being undertaken by Cee Ltd, a separate legal entity, X had not acted in breach of the agreement with Bee Ltd.

 

Which of the following statements is correct?           

Options:

A.

X is correct and cannot be said to be in breach of the agreement with Bee Ltd.

B.

If the court finds that Cee Ltd was set up by X to avoid the agreement with Bee Ltd, it will "lift the corporate veil" and enforce X's contract with Bee Ltd against X and Cee Ltd.

C.

Cee Ltd will be bound by the agreement because a company is always liable for the actions of its shareholders.

D.

The agreement between Bee Ltd and X is of no legal effect, as it attempts to regulate X's activities after he has left Bee Ltd's employment.

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Questions 56

Which TWO of the following are true of the CIMA Code of Ethics?

Options:

A.

It covers every possible dilemma that an accountant might face

B.

It is based on values rather than compliance

C.

It is a financial requirement of accountants

D.

It establishes the fundamental principles of professional ethics for professional accountants

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Questions 57

How might a company ensure that an audit is independent?

Options:

A.

Hire an external auditor.

B.

Conduct an internal audit.

C.

Have the auditor review or report on the performance of management

D.

Have the auditor investigate all possible wrongdoings, including fraud.

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Questions 58

Which of the following type of committee is NOT required by the UK Combined Code?

Options:

A.

Investment committee

B.

Audit committee

C.

Remuneration committee

D.

Nominations committee

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Questions 59

Y is completing an internal audit work on the system to approve suppliers to JKL Company. Which of the following would NOT promote a sustainable approach to the company's relationship with it\suppliers?

Options:

A.

Each supplier must comply with JKL's policy on limiting non-recyclable packaging to 10% of total packaging per contract

B.

Haulage firms must demonstrate that they have a policy to reduce emissions from their fleet

C.

Each year approval as a supplier to the company will only be granted if the prices paid to the supplier are reduced by 1%

D.

Preference will be given to local suppliers over those located at a greater distance from the company

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Questions 60

A is about to register a new company limited by shares, “A Ltd”, in order to carry on a retail business. A has ordered a quantity of goods from a supplier “for and on behalf of A Ltd”. Which of the following is correct?

Options:

A.

A Ltd is liable to pay for the order as soon as it is registered.

B.

A is personally liable for the order.

C.

The contract is void.

D.

A Ltd can ratify the contract following registration.

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Questions 61

Which of the following statements is correct in relation to a misrepresentation?

Options:

A.

A person selling goods may be hekJ liable in misrepresentation if he or she remains silent during the negotiations and fails to correct any misunderstandings on the part of the buyer

B.

A misrepresentation is a false statement of fact or opinion made by one person to another before a contract is formed and which causes the contract to be automatically cancelled

C.

If a person can show that he or she was induced to contract by a misrepresentation then a court must grant a remedy, irrespective of the time taken to commence the action against the misrepresents.

D.

If one person attempts to persuade another to enter into a contract by misrepresenting the facts, the intended victim will have a remedy, unless the misrepresentation did not induce the intended victim to contract

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Questions 62

Which of the following is CORRECT in relation to an alteration of a company’s articles of association?

(i) A copy of the resolution and the amended articles must be filed with the Registrar of Companies within 15 days of the date of the resolution.

(ii) The articles of association may be amended by an ordinary resolution with special notice.

(iii) An alteration of the articles cannot discriminate between the majority and minority shareholders.

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (ii) only

D.

(i) and (iii) only

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Questions 63

Which of the following statements is incorrect in relation to a public company limited by shares?

Options:

A.

The company must have at least one director.

B.

The company must have at least one shareholder.

C.

The company must have issued at least £50,000 of shares.

D.

The company must ensure that its company secretary is properly qualified whereas a private company need not have a company secretary.

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Questions 64

Agency theory is often cited as an explanation for the development of corporate governance Which TWO of the following statements are correct?

Options:

A.

Agency theory assumes that the goals of the managers of the company are the same as the owners of the company

B.

Agency theory requires that the managers of the company act in the interests of the owners of the company

C.

Agency theory assumes that the goals of the managers of the company are different from the owners of the company

D.

Agency theory explains the issues which arise from the separation between the owners of the company and those who control it

E.

Agency theory defines the problems that arise from the dependency of an organisation on resources

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Questions 65

According to CIMA, which TWO of the following are responsibilities of a professional accountant?

Options:

A.

To exclusively satisfy the needs of an individual client or employer

B.

To act in the public interest

C.

To comply with the ethical requirements of an employer's and professional body's code of ethics

D.

To never question the truth of the information provided by an employer or client

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Questions 66

A group of business associates are about to register X Ltd as a company limited by shares. The associates wish to restrict the company's objects so that the company is only authorized to carry on the business of retailing computer hardware and software. Which of the following is correct?

Options:

A.

The restriction should be stated in the company's articles of association

B.

The restriction should be stated in the company's memorandum of association

C.

The restriction should be stated in the application to register a company (form IN01)

D.

No restriction is possible as all company's now have unlimited objects

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Questions 67

Which of the following is incorrect?

Options:

A.

In order to register a company, promoters must include a Memorandum of Association in the documents submitted to the Register of Companies.

B.

A company cannot be registered with the same name as a company already on the register.

C.

For a company with a share capital, the application for registration must contain a statement of capital and initial shareholdings.

D.

The directors of a newly registered company cannot also act as directors of another company.

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Questions 68

Why does life-long learning require commitment? Choose TWO options.

Options:

A.

Rapid advances in technology

B.

Evolving regulations

C.

Career progression

D.

Computer virus-protection

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Questions 69

A professional accountant's social responsibility relates to which TWO of the following?

Options:

A.

Acting in the interests of one's employer

B.

Seeking to maximize a company's shareholder return on investment

C.

Playing a role within global, local, professional or other communities

D.

Fulfilling public duty

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Questions 70

Avoiding any action that discredits the profession relates to which CIMA Code of Ethics fundamental principle?

Options:

A.

Integrity

B.

Objectivity

C.

Professional competence and due care

D.

Professional behavior

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Questions 71

Company B wants to implement ethical control over its staff. It wants to do this by implementing a strong organisational culture.

Which of the following are ways in which the organisation could exercise control in regards to its organisational culture?

Select ALL that apply.

Options:

A.

Introduce a statement of values which outlines what the organisation stands for.

B.

Ensure the company's ethical expectations are thoroughly communicated.

C.

Ensure that the company's chairman and CEO lead by example.

D.

Ensure that the company's organisational systems encourage adherence to its ethics.

E.

Ensure that disciplinary action is taken when the company's ethical code is broken.

F.

Only employ directors who have proven strong moral values.

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Questions 72

A business that behaves ethically may experience which of the following benefits; Select ALL that apply.

Options:

A.

Little or no legal action

B.

Improved reputation

C.

Improved staff morale

D.

Competitive advantage

E.

Increased market penetration

F.

Higher productivity levels

G.

Increased profits

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Questions 73

In relation to conditions and warranties, which of the following statements is correct?

Options:

A.

A breach of a condition entitles the party not in breach to claim damages only

B.

To be effective a condition must be expressed in the contract

C.

A warranty may be implied into a contract on the basis of a trade custom.

D.

A breach of a warranty entitles the party not in breach to cancel the contract

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Questions 74

Which of the following automatically causes a contract to become unenforceable?

(i) Where the contract has become frustrated.

(ii) Where the buyer was induced to enter into the contract by a fraudulent misrepresentation.

(iii) Where one of the parties has acted in breach of a warranty in the contract.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) only

D.

(i), (ii) and (iii)

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Questions 75

A company's board of directors is faced with an ethical dilemma. The directors decide to adopt a utilitarian approach to coming up with a solution Therefore, they will take action based on which of the following approaches?

Options:

A.

They will do whatever results in the greatest amount of good for the greatest number of people affected by the action

B.

They will base their decision on previous consequences and results from past actions in similar situations

C.

They will ensure that the result of their action will maximise profits for the company shareholders

D.

They will focus on the intrinsic goodness or value of their action

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Questions 76

Which of the following is correct?

(i) The first directors are appointed upon the incorporation of the company.

(ii) A director is a person who occupies the position of director by whatever name called.

(iii) A shadow director is a person in accordance with whose directions or instructions the directors of the company are accustomed to act.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 77

You work for a company based in a capital city that leases office space to other organizations. Which of the following corporate issues is not related to ethics or social responsibility?

Options:

A.

The energy efficiency of the buildings that you rent out

B.

Honest and transparent contracts with your customers

C.

Whether your buildings provide a safe and secure environment for workers and visitors

D.

Having the prestige of renting out some of a capital city's most famous landmarks

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Questions 78

Which of the following is NOT one of the fundamental principles of CIMA's Code of Ethics?

Options:

A.

Integrity

B.

Respect

C.

Objectivity

D.

Confidentiality

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Questions 79

Which of the following is correct?

i. A company intending to issue new shares for cash must first offer them to the existing shareholders.

ii. A company may dispense with the requirement to offer new shares to existing shareholders by passing a special resolution.

iii. A company issuing shares for a non-cash consideration is not required to offer the shares to the existing members first.

Options:

A.

(i) only

B.

(ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 80

You have been asked to be involved in negotiations for the potential acquisition of another company. It so happens that your spouse is on the board of directors of that company. This affects the CIMA Code of Ethics fundamental principle of:

Options:

A.

Objectivity

B.

Professional competence and due care

C.

Transparency

D.

Reliability

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Questions 81

Which of the following is normally not an implied term of a contract of employment?

Options:

A.

The duty to provide work.

B.

The duty to obey the employer's lawful instructions.

C.

The duty to maintain mutual trust and confidence.

D.

The duty not to disclose confidential information.    

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Questions 82

You work for an international mining company. Which of the following corporate issues is NOT related to ethics or social responsibility?

Options:

A.

The impact of your operations on the environment

B.

Your company's response to HIV/Aids among workers in sub-Saharan Africa

C.

Deciding whether to approve a planned refurbishment of head office

D.

Whether employees are paid a fair wage

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Questions 83

Which TWO of the following are true of CIMA's conceptual framework approach to ethics?

Options:

A.

It provides an exhaustive list of all circumstances experienced by a professional accountant that may create threats to compliance with the fundamental principles

B.

It defines all relevant safeguards

C.

It requires a professional accountant to identify, evaluate and address threats to compliance with the fundamental principles

D.

It is not sufficient for a professional accountant in public practice merely to comply with the examples presented; rather, the framework should be applied to the particular circumstances faced

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Questions 84

Why is it difficult to measure ethical issues?

Options:

A.

Because they tend not to be 'black and white'

B.

Because they tend to be kept secret

C.

Because they are open to interpretation

D.

Because there are no records

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Questions 85

A advertised his van for sale in the local newspaper at a price of £5,000.

 

In which of the following situations is a contract between A and B created?

Options:

A.

B wrote to A accepting his offer to sell the van for £5,000.

B.

B wrote to A and offered to buy the van at £4,800. B stated “if I hear no more from you in the next three days I shall assume that you agree to sell the van to me at that price.”  Three days have now passed and B has heard nothing from A.

C.

B offered to buy the van for £4,800. A wrote to B accepting his offer. B wrote back stating: “payment will be made over three months.”

D.

B offered to buy the van for £4,500. A wrote to B accepting his offer but later changed his mind and sent an email to B withdrawing his acceptance. The email was read by B before he read A's letter of acceptance.

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Questions 86

Which TWO of the following are reasons why a company would choose to introduce a values based code of ethics?

Options:

A.

To improve the cost efficiency of internal processes

B.

To identify gifted staff

C.

To provide guidance for staff

D.

To help staff to tackle the ethical dilemmas that they might face at work

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Questions 87

Which of the following is incorrect?

(i) All contracts must be in writing.

(ii) A contract to sell land must be in writing.

(iii) A contract of employment must be in writing.

Options:

A.

(i) only

B.

(i) and (iii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii).

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Questions 88

How many fundamental principles are identified by the CIMA Code of Ethics?

Options:

A.

Three

B.

Four

C.

Five

D.

Six

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Questions 89

Shiny Steel is a steel manufacturer keen on increasing short-term shareholder interest. It has a number of factories in the country, which all have to abide by the new legislation that states carbon emissions shouldn't

exceed a particular limit.

Baring this in mind, which of the following might give Shiny Steel the best chance of increasing short-term shareholder interest?

Options:

A.

Ensure that its carbon emission fall just below the legal limit.

B.

Invest in new machinery that reduces emissions close to zero.

C.

Sign up to a campaign dedicated to protecting the rainforests.

D.

Increase production, even if carbon emissions exceed the legal limit.

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Questions 90

Which THREE of the following are characteristics of Limited Liability Partnerships ("LLPs")?

Options:

A.

LLPs can enter into contracts in their own name

B.

LLPs have no perpetual succession

C.

An LLPs partners are jointly and severally liable for the debts of the LLP

D.

LLPs can hold property in their own name

E.

LLPs are usually created by formal registration under statute

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Questions 91

Which of the following is correct in relation to the equitable remedy of rescission?

(i) Rescission is available in the event of any breach of contract

(ii) The victim of misrepresentation may automatically claim rescission

(iiI) The purpose of rescission is to return the parties to their pre-contract position.

Options:

A.

(i) and (ii) only

B.

(ii) only

C.

(ii) and (iii) only

D.

(iii) only

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Questions 92

Which of the following is INCORRECT?

Options:

A.

A company secretary may be dismissed by the board

B.

A person may be appointed company secretary for life

C.

A company secretary is an officer and not an employee of the company

D.

A company secretary of a public company must be appropriately qualified

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Questions 93

Which of the following is one of the fundamental principles identified in the CIMA Code of Ethics?

Options:

A.

Professional belief

B.

Professional bearing

C.

Professional behavior

D.

Professional bias

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Questions 94

Which of the following has overall responsibility for enforcing the Health and Safety at Work Act 1974 and its related legislation?

i. The Health and Safety Commission

ii. The Health and Safety Executive

iii. The Health and Safety Inspectorate

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(i) and (ii) only

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Questions 95

Cameron runs his own chain of ice cream shops. However, his business recently accrued a lot of debt due to a sharp rise in the price of milk, and he is now forced to shut the whole operation down.

Who is liable for the debt?

Options:

A.

Cameron

B.

Cameron's business

C.

Cameron's employees

D.

Cameron and his employees

E.

No one

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Questions 96

Which of the following deal with most criminal matters in China?

Options:

A.

Mediation Committees

B.

The courts

C.

Regional tribunals

D.

Urban forums

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Questions 97

Which of the following remedies is available as of right in the event of a breach of contract?

(i) Specific performance.

(ii) Damages.

(iii) An injunction.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(ii) and (iii) only

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Questions 98

C has just set up her own practice and things are going well. She is also a single parent, so is reliant upon her income to pay her bills and support her family.  One of her uncles recommends a new client to her. This client wants C to provide an accountant's report in support of his mortgage application. He insists there is no need for her to see the full details of his income.  He suggests that C's uncle would be most displeased if she did not help him, and that she may potentially lose other potential clients.

This is a tension between C's:

Options:

A.

Personal and Professional values

B.

Corporate and Professional values

C.

Societal and Professional values

D.

Personal and Societal values

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Questions 99

Which of the following would be regarded as an issue of shares for an improper purpose?

(i) An issue of shares to enable the directors to maintain control of the board.

(ii) An issue of shares to prevent a take-over bid.

(iii) An issue of shares in return for a non-cash consideration. 

Options:

A.

(i) and (ii) only

B.

(i) only

C.

(ii) and (iii) only

D.

(ii) only

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Exam Code: BA4
Exam Name: Fundamentals of Ethics, Corporate Governance and Business Law
Last Update: Nov 21, 2024
Questions: 661

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