? I. Multiple choice questions:
1. Shunda Electronics Co., Ltd. was approved and registered by the company registration authority on May 2, 23 to obtain the business license of enterprise legal person, and the company should start business before ().
a. August 2th, 23 B. May 2th, 24
C. November 2th, 23 D. June 2th, 23
2. Shareholders' meetings of a limited liability company are divided into regular meetings and temporary meetings. Regular meetings shall be held on time according to the provisions of the articles of association, representing 1/2 of the shareholders with voting rights above ().
a. 1/5 b. 1/2
c. 1/3 d. 1/4
3. The net assets of A Co., Ltd. are 5 million yuan, and according to the Company Law of China, its outward investment is ().
A. No more than 5 million yuan B. No more than 25 million yuan
C. No more than 17.5 million yuan D. No more than 1 million yuan
4. Which of the following behaviors are not within the scope of fair use? ()
A. A company photographed the sculpture works of Gongx Square and made them into pictures for distribution
B. A TV station reported Jacky Cheung's concert in the Workers' Gymnasium. Jacky Cheung's performance clip was shown
C. A writer translated a Chinese novel written by a writer in Guangxi Zhuang Autonomous Region into Mongolian and published it in China
D. A troupe held a benefit performance to donate the welfare of the disabled (all the tickets collected were used for donation) and performed other people's published plays
5. Statements about wholly state-owned companies, ()
A. The articles of association of a wholly state-owned company shall be formulated by the company's board of directors according to law and reported to the state-authorized investment institution or state-authorized department for the record
B. A wholly state-owned company shall set up a board of directors with 3-9 members, which shall be appointed or replaced by the state-authorized investment institution or state-authorized department according to the term of the board of directors
C. A wholly state-owned company shall not set up a shareholders' meeting. A state-authorized investment institution or a state-authorized department authorizes the board of directors of the company to exercise part of the functions and powers of the shareholders' meeting and decide on major issues of the company
D. A wholly state-owned company refers to a limited liability company established by a state-authorized investment institution or a state-authorized department
6. Which of the following institutions determines the issuance scale of corporate bonds? ()
A. the State Council B. the State Council Securities Management Department
C. China People's Bank D. The superior department in charge of the company
7. Which of the following statements about subrogation of insurance companies are correct? ()
a. In the event that the insured of life insurance has an insured accident such as death, disability or illness due to the behavior of a third party, the insurer shall have the right to recover from the third party after paying the insurance money to the insured or beneficiary.
B. After the property insurance accident, the insured shall first claim compensation from the third party, and the part that has not been compensated may ask the insurance company for damages. Within the compensation amount, the insurer may exercise the right of subrogation to the third party
C. If the insured has obtained damages from the third party after the property insurance accident, the insurer may deduct the compensation amount obtained by the insured from the third party when paying the insurance money
D. The insurer may not exercise the right of subrogation to claim compensation from the close relatives of the insured
8. After paying the liquidation fee, the property of the partnership Xinhua Trading Company remains. Now it is assumed that there are: a. the capital contribution of partners; B. taxes owed by the partnership; C. debts of the partnership; D. The wages and labor insurance expenses owed by the partnership, and the four debts that need to be paid off with the property of the partnership, should be paid off in which of the following order? ()
a. bdca b. dbca c. bcda d. dcba
9. The investors of a joint venture agree in the joint venture agreement that the contract shall be bound by the laws of China applicable to Sino-foreign joint ventures when they are established; Amendments to the original laws or new legislation that occurred after the establishment of a joint venture are not applicable to the joint venture. The statement about the legal effect of this clause is correct ().
a. This is the scope of party autonomy and should be protected by law.
b. This clause can only take legal effect after being approved by the examination and approval authority.
c. This clause violates the provisions of China law and should be an invalid clause.
d. This clause does not violate the laws of China and is effective.
1. Which of the following is the basis for the parties to a Chinese-foreign contractual joint venture to bear risks and losses? ()
a. respective proportions of capital contribution and surplus distribution B. contractual joint venture contract
C. existing mandatory provisions of laws and regulations D. surplus distribution ratio?
11. according to the relevant provisions of the negotiable instrument law, which of the following statements about guarantee is correct? ()
A. The guarantor of a bill should be someone other than the debtor of the bill, and the debtor of the bill cannot act as the guarantor of the bill
B. If the guarantor does not record the name of the guaranteed person on the bill or its sticky note, the guarantee behavior is invalid
C. If the guarantor does not record the date of guarantee on the bill or sticky note, the guarantee behavior is invalid
D. In principle, the guarantee cannot be accompanied by conditions, but the guarantee responsibility for the bill is invalid.
a. The shareholders' meeting made a resolution and reported it to the authorized department of the State Council or the provincial people's government for approval
b. The board of directors made a resolution and reported it to the the State Council Securities Regulatory Commission for approval
c. The board of directors made a resolution and reported it to the authorized department of the State Council or the provincial people's government for approval
d. After the shareholders' meeting made a resolution and reported it to the authorized department of the State Council or the provincial people's government for approval, It must also be approved by the securities management department of the State Council
2. Multiple choice questions:
1. A holds a bill, but it is rejected when it is presented for acceptance. The following statement is wrong ().
A. Party A shall exercise the right of recourse after the expiration of the payment period
B. Party A shall, within 3 days from the date of receiving the relevant certificates of refusal to accept or refuse to pay, notify its prior party in writing of the reasons for refusal. If it fails to do so within the prescribed time limit, the holder may still exercise the right of recourse
C. Party A may exercise the right of recourse against the drawee
D. Party A cannot exercise the right of recourse against the drawer on the bill.
a. formulate specific internal regulations of the company
b. preside over the production, operation and management of the company, and organize the implementation of the resolutions of the board of directors
c. decide on the establishment of the internal management organization of the company
d. organize the implementation of the company's annual business plan and investment plan
3. Which of the following matters should be stated in the shares publicly issued by a joint-stock company to the public? ()
A. Name of company registration
B. Date of incorporation of the company in the registration authority
C. Type of shares, par value and number of shares represented
D. Number of shares and signature of the chairman, seal of the company
4. Limited liability companies and joint stock limited companies shall make financial and accounting reports at the end of each fiscal year, which shall be examined and verified according to law. According to the provisions of the company law, which of the following financial accounting statements and subsidiary schedules should be included in the financial report? ( )。
A. Balance sheet B. Statement of asset appreciation
C. Statistical table of sales D. Statement of financial situation
5. In order to expand the market share of its electronic products in China, a Korean company set up a foreign-funded enterprise in Suzhou, China, specializing in the production and operation of mobile phones and related electronic products. The following statement about the management authority of foreign-funded enterprises is correct ().
a. the division and merger of a foreign-capital enterprise shall be reported to the examination and approval authority for approval
b. the increase or transfer of the registered capital of a foreign-capital enterprise shall be reported to the examination and approval authority for approval, and the registration formalities for change shall also be handled with the administrative department for industry and commerce
C. The production and operation plan of a foreign-capital enterprise shall be reported to its competent department for the record
D. The foreign-capital enterprise shall operate and manage its activities in accordance with the approved articles of association without interference
6.
A. If the insured commits suicide, the insurer will generally not be liable for the payment of insurance benefits.
B. If the insured intentionally commits a crime and causes his own disability or death, the insurer will not be liable for the payment of insurance benefits.
C. The life insurance contract stipulates that the insurance premium shall be paid in installments. After the insured pays the first premium, unless otherwise agreed, If the insured fails to pay the current insurance premium for 6 days beyond the prescribed time limit, the insurer has the right to terminate the contract
D. The beneficiary of the life insurance contract has the right to ask the insurer to pay the insurance premium, and will not exercise its extinction within 2 years from the date when he knows that the insurance accident has occurred
7. What are the following characteristics of a joint stock limited company? ()
A. Capital securitization B. Separation of personal property from enterprise property
C. Separation of ownership and management rights D. Free transfer of shares of a joint stock limited company
8. Which of the following facts are the reasons for the termination of stock listing? ()
A. The company has suffered continuous losses in the last two years and failed to eliminate them within the time limit.
B. The company's equity distribution has changed, which no longer meets the requirements for listing and failed to eliminate them within the time limit.
C. The company decided to dissolve
D. The company's false records of financial and accounting reports have serious consequences after investigation.
9. The following statement about a sole proprietorship enterprise is correct ().
a. If the property of the sole proprietorship enterprise is insufficient to pay off the debts, the investor shall pay off the debts with other personal property
B. After the dissolution of the sole proprietorship enterprise, the original investor shall still be liable for the debts of the sole proprietorship enterprise during its existence within a certain period of time
C. After the dissolution of the sole proprietorship enterprise, Liquidation by the investors themselves or the creditors apply to the people's court to appoint a liquidator for liquidation
D. After the dissolution of the sole proprietorship enterprise, the original investors should no longer be liable for repayment of the debts of the sole proprietorship enterprise during its existence
1. Party A is a person with limited capacity, and because of the debt relationship with Party B, he issued a check to Otsuichi, and after receiving the check, Party B endorsed it and transferred it to Party C, and Party C endorsed it to Party D, and when Party D requested payment from the Bank, the bank printed it with the drawer. Who can Ding exercise the right of recourse against? ()
A.C.B. Bank C.A.D.B.?
? 11. Zhang's father took out a life insurance policy for his son Zhang Nan (2 years old) who was in college, and signed an insurance contract with the insurance company, which included the compensation clauses for accidental injury and death of the insured during the insurance period, and designated Zhang's father himself as the beneficiary. According to the above conditions, which of the following statements is correct? ()
a. If an insured accident is caused by damage to the subject matter insured by a third party, the insurer shall obtain the right of subrogation to the third party within the compensation amount from the date of compensation to the insured.
B. After the insurer compensates the insured, the insured waives the right of subrogation to the third party without the insurer's consent, which does not affect the insurer's right of subrogation.
C. After the insurance accident occurs. Before the insurer pays the insurance money, the insured waives the right to claim compensation from the third party, and the insurer does not enjoy the right of subrogation
D. If the insured of personal insurance suffers from an insurance accident such as death, disability or illness due to the behavior of the third party, the insurer does not enjoy the right of subrogation to the third party after paying the insurance money to the insured or beneficiary
12. Which of the following persons is restricted in the transfer of shares of the Company? ()
A. Sponsor B. Director C. Manager D. Supervisor
13. The board of directors of a joint stock limited company with a registered capital of 2 million yuan has 15 directors. The following statements are about several meetings of the board of directors, which of them violated the relevant provisions of the Company Law? ()
A. The board of directors was held on January 3, 22, with 7 directors present, and the meeting was held as scheduled.
B. The board of directors was held on January 3, 23, and the registered capital of the company was reduced by 5, yuan with the unanimous consent of the directors present.
C. The board of directors was held on June 3, 22, and 11 directors present at the meeting unanimously agreed to dismiss the current general manager. And made a resolution that a vice chairman should also be the general manager of the company.
D. On June 3, 23, the board of directors was convened, and two directors were unable to attend the meeting for some reason, and entrusted other directors to attend on their behalf, and submitted a power of attorney stating the scope of authorization.
14. Among the following options, which ones should not be stipulated in the partnership agreement? ()
A. Distribute all profits to some partners B. Distribute all losses to some partners
C. Distribute all profits to all partners D. Distribute all losses to all partners
15. A joint stock limited company has a total share capital of 12 million yuan and its operating performance has always been good. However, the company lost 5 million yuan due to an investment failure. Which of the following events is the legal cause of this situation? ()
A. The company should use the statutory reserve fund to make up for the losses
B. The the State Council Securities Regulatory Commission decided to suspend the listing of its shares
C. The company should hold an extraordinary general meeting of shareholders within two months
D. It should immediately stop issuing the bonds of 35 million yuan that have been approved but have not yet been issued
III. Multiple choice questions:
Several companies such as Beiguang Wireless Power Plant in 2. Among them, Beiguang Wireless Power Plant invested 5 million yuan, accounting for 25% of all shares. In March, 24, the company's shareholders' meeting decided through research that it was limited to a household appliance in Shanghai.