National Self-study Examination for Higher Education in April 2014
Principles and Practice of Commercial Law Questions
Course Code: 00921
Candidates please follow the regulations Use a pen to scribble and write the answers to all test questions on the answer sheet.
Multi-choice questions
Notes:
1. Before answering the questions, candidates must write their exam course name, name, and admission ticket number in black. Fill in the specified positions on the answer sheet with a signature pen or fountain pen.
2. After selecting the answer to each question, use a 2B pencil to blacken the answer number of the corresponding question on the answer sheet. If you need to make changes, erase them with an eraser and then mark other answers. Cannot answer on the test paper.
1. Multiple-choice questions (this big question has 20 small questions, each question is worth 1 point, and the total is 20 points)
The four questions listed in each small question Only one of the alternatives meets the question requirements. Please select it and blacken the corresponding code on the "Answer Sheet". There will be no points for incorrect application, over-application or lack of application.
1. Which of the following does not belong to the principles for selecting business names?
A. The principle of authenticity B. The principle of distinction
C. The principle of publicity D. Principle of legalism
2. According to the role and status of commercial behavior, commercial behavior can be divided into basic commercial behavior and
A. Accessory commercial behavior B. Unilateral commercial behavior
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C. Relative commercial behavior D. General commercial behavior
3. Among the following principles, which one is not the capital principle established by traditional company law
A. Capital determination Principle B. Principle of capital growth
C. Principle of capital maintenance D. Principle of constant capital
4. Among the following persons, who is qualified as a general partner
A. 14-year-old A B. B who is a judge
C. A certain person's company D. A listed company
5. According to the "Sino-foreign Joint Venture Enterprise Law", a Sino-foreign joint venture The organizational form of a business enterprise is
A. Limited liability company B. Joint stock company
C. General partnership D. Limited partnership
6. People The court accepted Company A's bankruptcy application and appointed Bankruptcy Liquidation Firm B as the administrator. Among the following items, the responsibility of the administrator is
A. Adopting the distribution plan of the bankruptcy estate B. Selecting members of the creditors committee
C. Adopting the reorganization plan D. Taking over the company A Property
7. Among the following securities, the ones that are not regulated by the Securities Law are
A. Stocks B. Bonds
C. Securities investment funds Share D. Warehouse receipt
8. Wang is a shareholder of a limited liability company. Because he is eager for money, he plans to liquidate his 50,000 yuan investment. Among the following practices, the ones that comply with the provisions of the "Company Law" are
A. Withdraw capital from the company
B. Transfer equity to other shareholders
C. Requiring the company to acquire its equity
D. Transferring the equity to a third party other than shareholders without notifying other shareholders
9. The state-owned assets supervision and administration department of a certain city decided to transfer A and B The two wholly state-owned companies were canceled and merged to form C Co., Ltd. The nature of the act of establishing C Co., Ltd. is
A. New establishment merger B. Absorption merger
C. Company name change D. Company type change
10 .In a limited liability company, A is the executive director, B is the general manager, C is the financial director, and D is the supervisor.
Among the following behaviors, the ones that comply with the provisions of the "Company Law" are
A. A. A opened an account in his personal name with part of the company's funds to prepare for the company's unexpected needs
B. B misappropriated company funds for charity and later returned them
C. C used company funds to provide guarantee for another company without authorization
D. D proposed to convene an extraordinary shareholders' meeting to discuss the company's finances Management Issues
11. If a partner encounters any of the following circumstances, other partners can decide to expel him or her from the partnership?
A. Being declared a person without capacity for civil conduct
B. Loss of personal solvency
C. Death
D. Improper behavior when executing partnership affairs
12. March 1, 2011 , Creditor Company A filed an application with the People's Court to declare Company B bankrupt. The time limit for the people's court to notify Company B is from the date of receipt of the bankruptcy application
A. Within 3 days B. Within 5 days
C. Within 7 days D. Within 15 days
13. A issues a bill of exchange to B which is accepted by drawee E. A recorded the words "not transferable" on the bill of exchange. Later, B transfers the endorsement of the bill of exchange to C, and C in turn transfers the endorsement of the bill of exchange to D. Which of the following judgments is correct
A. D cannot claim bill rights against A, B, C, or E
B. D can only claim bill rights against A
C. D can only claim the bill rights against C
D. D can only claim the bill rights against E
14. In the following circumstances, the policyholder has no right to the insured The insurance interests are
A. A. Insures accidental injury insurance for his girlfriend B. B. Insures accidental injury insurance for his employees
C. C. Insures accidental injury insurance for his mother D. Ding purchased accident insurance for his wife
15. According to my country’s Maritime Law, within how many years should the maritime lien be exercised from the date the right arises?
A.1 year B. 2 years
C. 3 years D. 6 years
16. Regarding the characteristics of the shareholder representative litigation system, which of the following statements is correct
A. The object of relief is the personal interests of shareholders
B. The substantive right of action relied on by shareholders belongs to the company
C. The company is the defendant in the lawsuit on behalf of shareholders
D .The consequences of litigation shall be borne by the shareholders
17. Company A is divided into Company B and Company C. Before the split, Company A still owed Company D a debt of 3 million yuan, but it had not reached a debt settlement agreement with Company D. Then the debt should be borne by
A. Company B B. Company C
C. Company B and Company C bear joint liability D. Company B and Company C bear joint liability
18. The sentence signed by a bank in the acceptance column of a commercial bill is: "If the contract is valid, I agree to accept it." The bank's acceptance violated
A. The principle of free acceptance B. The principle of complete acceptance
C. The principle of simple acceptance D. The principle of absolute acceptance
19. Jiang A certain person entered into a life insurance contract with an insurance company with himself as the insured. Two years after the contract was established, Jiang committed suicide by jumping off a building after a dispute with his wife over trivial family matters.
Which of the following statements is correct
A. The insurance company should pay the insurance money
B. The insurance company should refuse to compensate the insurance money, but return the cash value of the insurance policy
C. The insurance company should refuse to compensate the insurance money, but refund the insurance premium in full
D. The insurance company should refuse to compensate the insurance money, but refund part of the insurance premium
20. About the following In the statement of the legal characteristics of stocks and corporate bonds, the error is
A. Stocks and corporate bonds are both securities
B. There are different rules for issuing stocks and issuing corporate bonds. Legal requirements
C. Corporate bond holders have priority over stock holders in being repaid when the company goes bankrupt
D. Corporate bond holders and stock holders are both tied to the company to form a creditor-debt relationship
2. Multiple-choice questions (this major question has 5 sub-questions, each sub-question is worth 2 points, ***10 points)
In At least two of the five alternatives listed in each question meet the question requirements. Please select them and blacken the corresponding codes on the "Answer Sheet". Wrong application, over application, under application or no application will make no difference.
21. Zhang is the general manager of Furniture Company A. He violates the provisions of the company’s articles of association by concurrently serving as the chairman of Furniture Company B. On behalf of Company B, Zhang signed a series of furniture sales contracts with old customers of A Furniture Co., Ltd., causing Company A to suffer an economic loss of 1.5 million yuan, and Zhang received a remuneration of 100,000 yuan. Which of the following judgments is correct
A. Zhang should be liable for the losses of Company A
B. The 100,000 yuan remuneration Zhang received should belong to Company A
C. Zhang’s behavior is subject to the articles of association of Company A
D. The sales contract signed by Zhang for Company B is invalid
E. Before the board of directors of Company A and If the board of supervisors refuses, the shareholder of Company A can file a lawsuit with Zhang as the defendant
22. On June 19, 2010, the People's Court accepted the bankruptcy application of the debtor Haotian Company. The following situations do not constitute individual repayments
A. Haotian Company’s repayment to a certain creditor on July 3, 2010
B. Guarantor Company A’s repayment on July 3, 2010 The settlement to a certain creditor on July 3, 2010
C. The joint debtor Company B’s settlement to a certain creditor on July 3, 2010
D. Hao Tian Company’s repayment to a certain creditor on March 10, 2010
E. Guarantor Company A’s repayment to a certain creditor on March 10, 2010
23. Regarding the legal characteristics of foreign-invested enterprises, the correct ones are
A. Established with joint investment from Chinese investors and foreign investors***
B. The organizational form is limited liability Company
C. Established in China
D. Is a foreign legal person
E. Change of company name must be submitted to the approval authority for approval
24. When Qian took out health insurance, he deliberately concealed his past medical history of sudden cerebral hemorrhage. Two years after the insurance contract was established, Qian died of cerebral hemorrhage.
Which of the following statements is correct
A. The insurance company has the right to terminate the insurance contract B. The insurance company has no right to terminate the insurance contract
C. The insurance company compensates the insurance money D. The insurance company should refund Insurance premium
E. The insurance company should return the cash value of the insurance policy
25. Among the following illegal acts, those who need to bear securities civil liability are: A. The issuer made false records of major events during the securities issuance process that were contrary to the truth
B. Securities investors manipulated securities trading prices by colluding to concentrate capital advantages
C. Insider acquisition Insider information that has not yet been made public and has an impact on securities trading prices and recommends others to buy and sell securities
D. Securities companies violate the entrustment of customers to buy and sell securities for them
E. Securities regulatory agency personnel Engaging in illegal activities during securities regulatory activities
Non-choice questions
Notes:
Use a black pen or fountain pen to write the answers on the answer sheet , cannot be answered on the test paper.
3. Explanation of terms (this major question has 5 small questions, each question is 3 points, ***15 points)
26. Company merger
27. Bill recourse
28. Insurance interests
29. Ship collision
30. Securities listing
IV. Short answer questions (this major question has 4 small questions, 6 points each, 24 points)
31. Briefly describe the characteristics of the company's shareholder rights.
32. Briefly describe the characteristics of a sole proprietorship.
33. Briefly describe the characteristics of checks.
34. Briefly describe the components of maritime disaster rescue.
5. Case analysis questions (***3 sub-questions for this major question, ***31 points)
35. (9 points for this question) A certain People’s Court accepted the case of Company A bankruptcy filing. It was found that Company A still had property worth 1.1 million yuan
and had the following debts and expenses: (1) undue ordinary debt of 200,000 yuan; (2) due ordinary debt Debt
800,000 yuan; (3) 200,000 yuan in taxes owed; (4) 500,000 yuan in employee wages; (5) 200,000 yuan in bankruptcy expenses.
Question: (1) How should undue debts be dealt with? Why?
(2) What is the order in which the above debts or expenses should be paid off? Why?
36. (9 points for this question) Qin and Xue have been in love for many years and their relationship is stable. On February 14, 2010, Qin bought a personal accident insurance with an insured amount of 100,000 yuan. The insurance contract stipulates that the insured is Qin and the beneficiary is Xue. On March 5, 2010, Qin and Xue drove to the suburbs for fun. The car lost control and fell into a cliff. Qin and Xue died unfortunately.
The order of death of Qin and Xue Lai cannot be determined.
Question: (1) Who should be presumed to have died first, Qin or Xue? Why?
(2) Who should the insurance company fulfill its obligation to pay insurance benefits? Why?
37. (13 points for this question) Four persons A, B, C and D agreed that *** would jointly invest 1 million yuan to establish a limited liability company, in which A would use the land.
The use right is valued at RMB 500,000, B invests the patent right at RMB 300,000, C and D each contribute RMB 100,000 in cash. A is the executive director and legal representative of the company, and B is the supervisor and manager of the company. Afterwards,
A delivered the land to the company for use, but never went through the registration procedures for changing the land use rights. B, C and D fulfilled their
investment obligations on schedule. The company received its business license on March 15, 2006, and officially started operations on April 1, 2006.
Question: (1) Is A’s investment behavior legal? Why?
(2) Is the company’s organizational structure legal? Why?
( 3) When was the company established? Why?
Extended reading: How to buy insurance, which one is better, and how to avoid these "pitfalls" of insurance