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CIMA BA4 Fundamentals of Ethics, Corporate Governance and Business Law Exam Practice Test

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

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Question 1

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

Question 2

A company wants to let its employees know that fraud will not be tolerated. It also wants to inform them of the consequences of committing fraud.

Which of the following would best achieve this?

Options:

A.

A fraud policy statement

B.

A fraud response plan

C.

A public relations plan

D.

Outlining clear disciplinary procedures

Question 3

XYZ plc has recently acted in breach of its contract with ABC Ltd. The breach caused ABC Ltd to lose several thousand pounds. The board of ABC Ltd has resolved not to proceed against XYZ plc, as it believes that the time and expense involved would be disadvantageous to the company. A number of ABC Ltd shareholders are dissatisfied with the board's decision.

 

Which of the following is INCORRECT?

Options:

A.

Individual shareholders cannot interfere with the board's decision.

B.

If the shareholders pass an ordinary resolution requiring the board to proceed against XYZ plc, the board will be obliged to comply with the resolution.

C.

If the shareholders are dissatisfied with the directors they may vote to remove them from office.

D.

If the directors are removed from office, they may be entitled to damages for breach of their service contracts.

Question 4

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

 

(i) A public company cannot commence trading until it has received a certificate from the Registrar of Companies confirming that it has satisfied the minimum requirements as to authorized and issued share capital.

(ii) If a public company commences trading without a trading certificate, and fails to meet its obligations, the directors may be held jointly and severally liable for those obligations.

(iii) A public company must have a minimum of one shareholder. 

Options:

A.

(i) and (ii) only

B.

(ii) and (iii) only

C.

(i) and (iii) only

D.

(i), (ii) and (iii)

Question 5

Which of the 'fundamental principles' of CIMA's Code of Ethics is defined as follows?

 

"A professional accountant should be straightforward and honest in all professional and business relationships"

Options:

A.

Confidentiality

B.

Professional behavior

C.

Objectivity

D.

Integrity

Question 6

One of your colleagues is running an event to raise money for a local charity. One evening, you see her taking boxes of pens, notepads and post-it notes. When you challenge her, she says that she is taking them for her fundraising and, although she has not asked permission to take them, she is sure the company will not mind. Is this an ethical issue and why?

Options:

A.

Yes - she is using company property for other purposes without permission

B.

Yes - she should not be undertaking charitable initiatives

C.

No - it is just stationery and nothing valuable

D.

No - the company would undoubtedly not mind her using the stationery for charitable purposes, so there is nothing wrong with her taking it

Question 7

X owns 51% of the shares in X Ltd. Y and Z are the only directors of X Ltd. Which ONE of the following is CORRECT?

Options:

A.

X can give directions to Y and Z by passing ordinary resolutions ordering them to comply with his wishes

B.

X can dismiss Y and Z for any reason by using his majority vote

C.

X can use his votes to amend the articles and impose new obligations on Y and Z

D.

X can force Y and Z to declare a dividend

Question 8

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.

Question 9

What is the legal meaning of the word “simple” in the expression “valid simple contract”?

Options:

A.

The consideration for the contract is less than £5,000

B.

There are 5 or fewer parties to the contract

C.

The contract has no implied term

D.

The contract does not have to be in any particular form

Question 10

An ethical dilemma generally refers to:

Options:

A.

a deadlock in commercial disputes

B.

a particular position on the spectrum of ethical philosophies

C.

two or more possible solutions to an ethical problem

D.

two or more opinions on the spectrum of ethical philosophies

Question 11

Abel has just completed an audit on a large law firm. He has decided to issue a modified audit report with a qualified opinion due to the issues he discovered regarding misstatements in the company's financial records.

Why has Abel decided to issue the report with a qualified opinion as opposed a different kind?

Options:

A.

Because even though he has discovered material statements, he has not deemed them to be pervasive.

B.

Because he has found the misstatements to be both material and pervasive.

C.

Because he was unable to find enough suitable evidence to determine whether or not the misstatements were both material and pervasive.

D.

Because he has come to the conclusion that the misstatements aren't an issue, but should be noted in the report.

Question 12

Which of the following are the TWO main differences between the structure and function of company boards in Germany and the UK?

Options:

A.

In Germany, boards often have a two-tier structure, wheras in the UK they are normally unitary.

B.

In Germany, employees are usually represented on the board, whereas in the UK they are not.

C.

In Germany, the board reports on corporate governance issues, whereas in the UK it does not.

D.

In Germany, boards are responsible for both management and governance, whereas in the UK they are responsible only for one or the other.

Question 13

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.

Question 14

What is an essential quality for a professional accountant?

Options:

A.

Ethical acumen

B.

Emotional intelligence

C.

Emotional sensitivity

D.

Listening skills

Question 15

Which of the 'fundamental principles' of CIMA's Code of Ethics is defined as follows?

 

"A professional accountant should be straightforward and honest in all professional and business relationships"

Options:

A.

Integrity

B.

Objectivity

C.

Professional competence and due care

D.

Professional behavior

Question 16

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

Question 17

Kane is a management accountant for business in the City. When looking through the company's latest financial reports he finds that company has been paying far less tax than it should be.

After consulting the company's management, Kane discovers that the company had been deliberately paying less tax and are not interested in taking action to rectify it.

As Kane has done all he can to try and solve the issue himself, it's clear that he now needs to take steps to disassociate himself from the misleading information.

How might he do this?

Select ALL that apply.

Options:

A.

Resign from the company.

B.

Consider getting legal advice.

C.

Determine whether he should report the issue.

D.

Destroy all documents that contain information regarding the company's tax avoidance.

E.

Manipulate the company's accounts so that the right amount of tax is paid.

Question 18

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

Question 19

The directors of Zed Ltd issued a number of shares to their supporters, so that they would vote against a takeover bid by Exe Ltd.

 

Which of the following statements is INCORRECT?

Options:

A.

If the shares were issued for cash, they should have first been offered to the existing members in proportion to their current shareholding unless statutory pre-emption rights have been dis-applied.

B.

If the shares were issued for a non-cash consideration, they were not subject to the statutory pre-emption rights of shareholders unless the articles of association so provided.

C.

If the directors had the legal authority to issue shares, the issue cannot be challenged by the shareholders.

D.

The share issue is voidable and the original shareholders may ratify or cancel the issue by ordinary resolution.

Question 20

Which of the following auditors would need to issue a disclaimer of opinion? Select ALL that apply.

Options:

A.

Miguel - Unable to conduct a full audit due to the client's refusal to provide access to the company's financial records.

B.

Abe - Has limited time to complete an audit, so performs a brief check of each department

C.

India - Has noticed that the company she is auditing has adopted a new set of accounting rules unusually early.

D.

Sean - Discovers during an audit that the company has overstated the value of its assets.

Question 21

Which of the following statements is INCORRECT? 

i. A contract is a voluntary agreement whereas obligations in the tort of negligence are imposed by the state.

ii. Damages are only available for breach of contract and breach of the tort of negligence if damage, injury or loss has been suffered by the claimant.

iii. A contract breaker is liable whether or not he is at fault whereas to be liable in the tort of negligence the defendant must have been at fault.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(ii) and (iii) only

Question 22

Which of the following is INCORRECT in relation to a claim for wrongful dismissal?

Options:

A.

A claim for wrongful dismissal is barred after 3 months.

B.

There is no requirement for a qualifying period of continuous employment.

C.

Damages for wrongful dismissal may be awarded by an employment tribunal.

D.

Evidence of serious misconduct discovered after the employment has ceased is admissible as part of the employers' defence.

Question 23

Which ONE of the following is needed to solve ethical problems?

Options:

A.

Motivation to do what is right

B.

Motivation to come to a decision as quickly as possible

C.

Motivation to do what is personally satisfying

D.

Motivation to help others

Question 24

In furtherance of their duty to promote the success of the company under Section 172 of the Companies Act 2006, the directors are required to take account of amongst others, the company and its members, employees and suppliers.

 

Which of the following can enforce this duty against the directors?

Options:

A.

The company

B.

The members  

C.

The employees

D.

The suppliers

Question 25

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

Question 26

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

Question 27

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

1. A misrepresentation is a false statement of fact or law but not a mere expression of opinion by someone having no expertise in the subject matter of the contract

2. A misrepresentation renders a contract voidable

3. As a general rule silence can amount to a misrepresentation.

Options:

A.

1 only

B.

1 and 2 only

C.

2 only

D.

2 and 3 only

Question 28

Completing work within established deadlines reflects the personal quality identified by the CIMA Code of Ethics as:

Options:

A.

Responsibility

B.

Accuracy

C.

Timeliness

D.

Tardiness

Question 29

The UK Corporate Governance Code is primarily concerned with the effective control, business efficacy and accountability of the management of public listed companies for the benefit of which of the following?

Options:

A.

Shareholders

B.

Stakeholders

C.

Investors

D.

Employees

Question 30

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.

Leadership

B.

Professionalism

C.

Honesty

D.

Integrity

Question 31

In which of the following situations has a contract of employment arisen?

Options:

A.

A verbal offer of work is made to S for the possibility of duties at a specified pay rate but the employer makes it explicit that, as the need for the services is not yet certain S is free to work elsewhere

B.

A written offer of work is made to R which specifies the services required but omits the pay rate for the job. This is not accepted by R either in writing or verbally and R does not turn up for work

C.

A verbal offer of work is made to P at a given pay rate per hour for specified services The offer is not accepted by P either verbally or in writing but P turns up for work and performs the duties identified in the offer.

D.

A verbal offer of work is made to Q at a given pay rate for specified services. The offer is not accepted by Q either verbally or in writing and Q does not turn up for work

Question 32

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

Question 33

Which of the following statements are correct in relation to an offer?

1. An offer may be made to the whole world

2. An offer cannot be withdrawn until the offeree has had the opportunity of accepting or rejecting the offer.

3. An item in a shop window marked "Special Offer" is not an offer in law.

Options:

A.

1 and 2 only

B.

1 and 3 only

C.

1 only

D.

2 only

Question 34

What is the purpose of the equitable remedy of rescission?

Options:

A.

To place the parties in their pre-contract position.

B.

To force the party in breach to carry out the contract.

C.

To prevent a party from acting in breach of contract.

D.

To ensure that the innocent party is adequately compensated.

Question 35

According to the CIMA Code of Ethics, which of the following categories describe common threats to compliance with the fundamental principles? Please select all that apply.

Options:

A.

Self-interest threats

B.

Self-review threats

C.

Familiarity threats

D.

Intimidation threats

Question 36

Articles of association regulate the relationship between:

Options:

A.

the company and its directors

B.

the company and its customers

C.

the company and its members

D.

the company and its creditors

Question 37

Which of the following is not financial assistance for the purchase of a public company's own shares?

Options:

A.

A loan by a company outside the ordinary course of business

B.

Allowing the use of a company's assets as security for a loan

C.

The payment of a dividend which has the effect of putting a shareholder in funds and enabling him to purchase the company's shares

D.

Releasing a shareholder from a debt owed to the company

Question 38

Who is entitled to sue under Section 994 of the Companies Act 2006, which empowers the court to grant a remedy in the event of the company's affairs being conducted in a manner "unfairly prejudicial to the interests of members…"?

Options:

A.

Any member.

B.

The holders of at least 10% of the company's issued share capital.

C.

The shareholders as a whole.

D.

The directors.

Question 39

The CIMA Code of Ethics relates to:

Options:

A.

Professional accountants in public practice and business

B.

Professional accountants in public practice only

C.

Professional accountants in business only

D.

Professional accountants in the third sector only

Question 40

Decklt is a skateboard manufacturer that is ethically run and has a good reputation.

However, it has just transpired that one of their suppliers - with whom they have a good relationship with due to their cheap prices - is involved in a serious fraud case.

What should Decklt do?

Options:

A.

Immediately cut all ties with the company and look for a different supplier.

B.

Stick with the supplier as they won't be able to find cheaper prices elsewhere.

C.

Stick with the supplier but let the relevant regulatory bodies know that Decklt had nothing to do with their illicit activity.

D.

Immediately cut all ties with the supplier and discontinue all products that are made using their materials.

Question 41

Which of the following statements are correct in relation to the purpose of the OECD principles of corporate governance?

1. The principles are regarded by OECD members as representing a common basis essential for the development of good corporate governance practice

2. The principles are intended to be a substitute for individual government's proposals for governance best practice.

3. The principles are intended for the use of OECD members only.

Options:

A.

2 only

B.

1only

C.

1 and 2 only

D.

2 and 3 only

Question 42

Which of the following is incorrect?

Options:

A.

A floating charge is a charge over a class of company assets which the company is unable to deal with freely in the ordinary course of business.

B.

A floating charge must be registered at Companies House within 21 days of its creation, otherwise the charge is void against the other creditors.

C.

A floating charge must be registered at the company's registered office, but a failure to do so does not affect the validity of the charge.

D.

A floating charge is a charge over a class of assets which change from time to time.

Question 43

Which of the following is normally implied into a contract of employment?

Options:

A.

A duty to provide a reference.

B.

A duty to provide work.

C.

A duty to pay wages.

D.

An employee's duty to disclose his own misconduct.

Question 44

Why are the principles of integrity, objectivity, professional competence and due care, confidentiality and professional behavior “fundamental”?

Options:

A.

Because they are the foundations of reasoning and professional practice

B.

Because they are the foundations of human rights

C.

Because they are the foundations of corporate responsibility

D.

Because they are the foundations of management accounting

Question 45

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)

Question 46

Which of the following statements is incorrect?

Options:

A.

A term will be implied into a contract wherever a court considers that it would be reasonable to do so.

B.

A term may be implied into a contract on the basis of previous dealings between the parties.

C.

A term may be implied into a contract by statute.

D.

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

Question 47

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

Question 48

In which country are accountants legally required to speak up about certain ethical concerns?

Options:

A.

United Kingdom

B.

Italy

C.

United States of America

D.

China

Question 49

Which of the following are recommended by the UK Corporate Governance Code?

(i) The roles of Chairman and Managing Director should be separated

(ii) A senior independent director should be identified and available as a contact for shareholders

(iii) At least one half of the board as a whole should be made up of independent non-executive directors 

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(i), (ii) and (iii)

Question 50

In the tort of negligence what is meant by “res ipsa loquitur”?

Options:

A.

The tort is actionable without proof of loss or damage.

B.

The facts speak for themselves.

C.

The damage is too remote.

D.

The defendant does not owe a duty of care to the claimant.

Question 51

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

Options:

A.

Initiative

B.

Integrity

C.

Instinct

D.

Impartiality

Question 52

Which of the following is presumed not to be intended to create legal relations? 

Options:

A.

A commercial transaction.

B.

An agreement by Exe Ltd to make a gift to Wye Ltd.

C.

A social arrangement.

D.

A contract between father and son.

Question 53

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

Question 54

Which of the following would comply with best practice in accordance with the UK Corporate Governance Code in relation to Board conduct?

Options:

A.

The Board of SSS a public company limited by shares, consists of four executive directors and five non-executive directors. The Board is headed by Mr I who is both CEO and Chairman The non-executive directors do challenge the strategic direction of the company and their opinions are considered and acted upon

B.

The Board of TSD, a public company limited by shares, consists of four executive directors and three non-executive directors. The Chairman, Mr C is the brother of the CEO Miss K The board meets ten times a year The board meetings are dominated by the siblings but the final decision is generally taken by the CEO

C.

The Board of END, a public company limited by shares, consists of four executive and five non-executive directors. The Board is headed by its Chairman, Miss A and the CEO is Miss B. The board has developed clear divisions of responsibility and consequently only meets in full once a year to approve the financial statements

D.

The Board of DDE, a public company limited by shares, consists of four executive and five non-executive directors The Board is headed by its Chairman Mr A and the CEO is Mr H. The board meets ten times a year. The non-executive directors do challenge the strategic direction of the company and their opinions are considered and acted upon

Question 55

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

Question 56

What is the public function of all accountants?

Options:

A.

To provide truthful and independent accounts of finances

B.

To give financial judgments to owners and shareholders

C.

To do a job and go home

D.

To represent the life-cycle of accounts

Question 57

Zed plc wishes to issue £500,000 of shares on terms that the holders will receive a dividend before the other shareholders and they will be bought back by the company in 12 months' time. Which of the following best describes these shares?

Options:

A.

Ordinary shares

B.

Redeemable ordinary shares

C.

Preference shares

D.

Redeemable preference shares

Question 58

Which of the following is INCORRECT regarding the differences between a general partnership and a company limited by shares?

(i) Both a partnership and a company are formed by registration with the Registrar of Companies.

(ii) All partners are agents of the firm and all directors are agents of the company.

(iii) All partners are fully liable for the firm’s debts and the company is fully liable for its own debts.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(iii) only

Question 59

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

Options:

A.

Objectivity

B.

Observation

C.

Obedience

D.

Obsession

Question 60

Which TWO of the following are NOT directly relevant to a system of professional ethics?

Options:

A.

Religious morality

B.

Political morality

C.

Career development

D.

Personal friendships

E.

Family commitments

Question 61

Demonstrating an attitude of esteem, deference, regard or admiration of others reflects the personal quality identified by the CIMA Code of Ethics as:

Options:

A.

Responsiveness

B.

Reliability

C.

Reverence

D.

Respect

Question 62

Which ONE of the following statements is incorrect? Ethical standards are:

Options:

A.

Required of professional accountants by UK legislation

B.

Required of professional accountants by CIMA

C.

Part of good accounting practice

D.

Designed to encourage ethical behavior

Question 63

Which ONE of the following provides an example of circumstances that may create self-review threats for a professional accountant in public practice?

Options:

A.

The discovery of a significant error during a re-evaluation of the work of the professional accountant in public practice

B.

Reporting on the operation of financial systems after being involved in their design or implementation

C.

A member of the assurance team being, or having recently been, a director or officer of that client

D.

All of the above

Question 64

T, a Sales Representative of E plc, made an appointment to see you in the hope of persuading you to place a substantial order with E plc. During your discussions, T suggested that you could qualify for a cash bonus in the event of an order being placed.

 

Which of the following is correct? 

(i) Placing an order in these circumstances will place you in breach of your employment and professional obligations.

(ii) If the goods are what your company requires and are priced competitively, you are acting correctly in placing an order and qualifying for the cash bonus.

(iii) You have been placed in a conflict of interest situation and you should not proceed to place an order.

Options:

A.

(i) only

B.

(i) and (iii) only

C.

(ii) only

D.

(iii) only

Question 65

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).

Question 66

Which of the following are reasons why regulatory frameworks may differ between countries: Select ALL that apply.

Options:

A.

Differences in law and tax

B.

Differences in history and culture

C.

Differences in types of shareholder

D.

Difference in language

E.

Difference in GDP

Question 67

Which ONE of the following is NOT contained within form IN01 which must be submitted to the Registrar of Companies in order to register a company limited by shares?

Options:

A.

The name of the company

B.

The objects of the company

C.

The location of the company’s registered office

D.

The names of the first directors

Question 68

Which of the following is NOT one of the main requirements of the UK Corporate Governance Code?

Options:

A.

The separation of the roles of Director and Company Secretary

B.

The appointment of independent non-executive directors to the Board

C.

The establishment of an audit committee

D.

The identification of an independent director as primary shareholder contact

Question 69

Which of the following statements is correct in relation to the ability of a company to contract?

Options:

A.

If a company has restricted the ability of its directors to contact and the directors ignore the restrictions, then the outsiders may not enforce the contract.

B.

The shareholders of a company have the ability to enter into a contract on behalf of the company, irrespective of any restrictions on the directors.

C.

If a company wishes to restrict the ability of its directors to enter into particular contracts it may do so by placing restrictions on the directors in its

articles of association

D.

If the shareholders learn that the directors are about to ignore the restrictions placed upon their ability to contract by the company the shareholders are unable to prevent the directors from proceeding

Question 70

Which of the following is correct?

Options:

A.

In England the government cannot make law without the authority of Parliament.

B.

In England the government can pass a law overruling any Act of Parliament.

C.

In England the government is not bound by the law.

D.

In England the government may delegate authority to a local authority to make law.

Question 71

Members of private companies often enter into so-called “shareholder agreements”. Which of the following elements of a shareholder agreement are NOT true of articles of association?

(i) A shareholder agreement is a private document not open to public inspection.

(ii) All the provisions of a shareholder agreement have contractual force.

(iii) The terms of a shareholder agreement can only be amended by unanimous consent and not by majority agreement.

Options:

A.

(i) only

B.

(ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

Question 72

If the IFAC Code of Ethics is in conflict with the laws of a particular country, then which of the following statements is TRUE?

Options:

A.

The law takes precedence over the IFAC Code of Ethics

B.

The IFAC Code of Ethics takes precedence of the country's laws

C.

The accountant has to make his or her own decision about whether to adhere to the IFAC Code of Ethics or the law

D.

The accountant has a public duty to question the laws of the country in question

Question 73

Which of the following is correct?

(i) A public company must hold an AGM.

(ii) A public company must give at least 14 days' notice of its AGM.

(iii) One of the purposes of an AGM is to provide an annual opportunity for the shareholders to question the directors regarding their management of the company. 

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(ii) and (iii) only

Question 74

The body responsible for reviewing the accountancy profession worldwide is:

Options:

A.

The Professional Oversight Board for Accountancy

B.

The International Federation of Accountants

C.

The Financial Reporting Council

D.

The Financial Review Board

Question 75

The board of Zed Ltd wishes to borrow money from Exe Bank plc. What authority will the board require to enable it to proceed?

Options:

A.

A special resolution

B.

A board resolution

C.

An ordinary resolution

D.

A written resolution

Question 76

ABC plc has acted in breach of its health and safety obligations and this has led to a number of employees and members of the public being injured.  

 

Which of the following is correct?  

The breach could give rise to:  

i. Civil claims on the part of the employees and members of the public

ii. Enforcement action by the Health and Safety Executive

iii. Criminal sanctions against ABC plc

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

Question 77

Which of the following is NOT one of the main requirements of the UK Corporate Governance Code?

Options:

A.

The appointment of a competent Company Secretary

B.

The establishment of a company website

C.

The separation of the roles of Chairman and Chief Executive

D.

The appointment of independent non-executive directors to the Board

Question 78

Which of the following is correct?

Options:

A.

A contract is frustrated when something happens, after it has been entered into, which renders the contract more difficult to perform.

B.

A contract is frustrated when something happens, after it has been entered into, which renders the contract impossible to perform.

C.

A contract is frustrated when a party expressly agrees to manufacture and supply goods and then discovers that they will be far more expensive to produce than they thought at the time of the contract.

D.

A contract is frustrated if it is impossible to perform at the time that it is made.

Question 79

X Ltd has entered into a number of contracts with Y Ltd. In which of the following situations could the directors be held personally liable for the debts contracted with Y Ltd?

(i) X Ltd has continued to trade at a time when insolvency appeared inevitable

(ii) X Ltd has become insolvent and is unable to pay its debts to Y Ltd

(iii) X Ltd has contracted for a purpose not specified in its articles of association

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) only

D.

(iii) only

Question 80

Andrea is completing an audit on the finance department for a medium-sized company. In her report she makes note of the fact that her audit was severely limited due to her being unable to access many of the

department's documents.

Because of this and a number of other things she's discovered whilst conducting her audit, she thinks fraudulent activity might have been taking place within the department.

However, Andrea knows that it is not the business of auditors to seek out fraud.

What should she do?

Options:

A.

Issue a disclaimer of opinion.

B.

Detail her suspicions in the 'emphasis of matter' section in the audit report.

C.

Report her suspicions to the company's senior management.

D.

There's nothing she can do - it's not the business of auditors to deal with matters concerning fraud.

Question 81

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

Options:

A.

A contract breaker is liable for losses which arise naturally from the breach.

B.

A contract breaker is liable for special losses which are within his contemplation.

C.

Damages will not normally be awarded for the distress caused to the innocent party by the breach.

D.

Damages are designed to compensate the innocent party and to punish the contract breaker.    

Question 82

Which of the following are not owed duties by the directors? 

(i) The company as whole.

(ii) Individual shareholders.

(iii) All the present and future shareholders.

Options:

A.

(i) and (ii) only

B.

(ii) only

C.

(ii) and (iii) only

D.

(iii) only

Question 83

Your boss knows that you will always strive to deliver a project on time and on budget. Which TWO of the personal qualities identified by the CIMA Code of Ethics does this demonstrate?

Options:

A.

Reliability

B.

Courtesy

C.

Timeliness

D.

Respect

Question 84

Which of the following is incorrect?

Options:

A.

An invitation to treat is a call to start negotiations.

B.

A person must know of an offer before he can accept it.

C.

An acceptance is ineffective unless it is communicated to the offeror by the offeree personally.

D.

An agreement is not binding in English law unless it is supported by consideration or contained in a deed.  

Question 85

What, according to CarlyFiorina, CEO of Hewlett Packard, is the spirit of a code of ethics:

Options:

A.

“It is doing the right thing when no-one is watching”

B.

“It is doing the right thing because everybody is watching”

C.

“It is doing the right thing because you have to”

D.

“It is doing the right thing, because it's for the best”

Question 86

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

Question 87

Which of the following identifies criminal as opposed to civil proceedings? 

Options:

A.

The case was heard by the Supreme Court.

B.

The case was proved beyond reasonable doubt.

C.

The case was brought by a claimant.

D.

The case resulted in an award of damages.

Question 88

A professional accountant is NOT accountable to:

Options:

A.

The public

B.

His or her clients

C.

His or her employer

D.

His or her company's competitors

Question 89

Badger has just been offered a job after completing a series of long interviews.

Which of the following would legally form the employment contract between him and his employer:

Options:

A.

A handshake

B.

A signed formal document

C.

A verbal declaration

D.

Any of the above

Question 90

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

Question 91

Which of the following types of committee is NOT required by the UK Corporate Governance Code?

Options:

A.

Remuneration Committee

B.

Audit Committee

C.

Risk Management Committee

D.

Appointments Committee

Question 92

The UK Corporate Governance Code is primarily directed at which type of business organization?

Options:

A.

All limited liability business organizations

B.

All business organizations

C.

All private companies

D.

All listed public companies

Question 93

Company F is a new business that prides itself on being green and ethical. It uses renewable energy to run its factories, abides by all the rules and regulations and regularly donates money to sustainable development

charities around the world, despite occasionally being unable to fully pay its workers.

Why is Company F in violation of Carroll's CSR pyramid?

Options:

A.

Because it is not profitable.

B.

Because it should be donating to charities based in their own country.

C.

Because using renewable energy to run factories generally isn't advised as it can be unreliable.

D.

It is not in violation of Carroll's pyramid.

Question 94

'Remuneration' is one of the main principles in the Corporate Governance Code. Which of the following is NOT best practice under the 'Remuneration' principle?

Options:

A.

Remuneration should be sufficient to attract, retain and motivate directors of the quality required to run the company successfully, but should not be excessive

B.

Remuneration should be structured in order to link a significant proportion of the rewards to corporate and individual performance

C.

There should be a formal and transparent procedure for developing policy on executive remuneration

D.

The board of directors are able to set the remuneration of non-executive directors

Question 95

An independent audit is important to readers of financial statements because it

Options:

A.

assures the readers of financial statements that any fraudulent activity has been corrected

B.

confirms the accuracy of management's financial representations.

C.

measures and communicates the data included in financial statements

D.

objectively examines and reports on management's financial statements

Question 96

Which of the following is CORRECT?

(i) A company registered today may restrict its ability to contract by including a provision to that effect in its articles of association.

(ii) A company which was registered before the Companies Act 2006 came into force may pass a special resolution to remove its objects clause from its memorandum of association.

(iii) If the directors ignore any restriction on the company’s ability to contract they may be sued for breach of duty by the company.

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (iii) only

D.

(i), (ii) and (iii)

Question 97

Wye Ltd has ordered goods from ABC plc and the directors of Wye Ltd have guaranteed that Wye Ltd will pay the agreed sum within one month of the delivery of the goods.

 

Which of the following is correct? 

(i) The contract is between Wye Ltd and ABC plc and the directors cannot be forced to pay the amount due in any circumstances.

(ii) A contract of guarantee is only enforceable if it is evidenced in writing.

(iii) The directors of Wye Ltd can be forced to honor the guarantee in the event of Wye Ltd not paying the amount due.

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (ii) only

D.

(ii) and (iii) only

Question 98

You are the manager of the finance function of a large engineering company According to IFAC's drivers of sustainable corporate success, which of the following would be a method by which you could improve the value of your department to the company?

Options:

A.

Providing ethical leadership which focuses on minimizing environmental costs sustainably.

B.

Providing ethical and strategic leadership which focuses on sustainable value creation.

C.

Providing strategic leadership which sustains the maximization of short term value.

D.

Providing sustainable ethical and strategic leadership which focuses on operating profit.

Question 99

B was an employee of Exe plc but his line manager made it practically impossible for him to continue his employment. B resigned without giving Exe plc any notice as required by his contract of employment.  Which of the following is correct?

Options:

A.

As B failed to provide any notice he has no claim against Exe plc even if B's resignation is regarded as constructive dismissal

B.

If B's resignation is regarded as constructive dismissal he will still be able to claim against Exe plc but his failure to provide notice will reduce any compensation awarded.

C.

If B's resignation is regarded as constructive dismissal he will be able to claim compensation from Exe plc and the fact that he has failed to provide notice will be regarded as irrelevant.

D.

If B's resignation is regarded as constructive dismissal then his failure to provide notice will prevent any claim under unfair dismissal but not under wrongful dismissal.

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