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

Questions 4

Which ONE of the following statements is correct?

Options:

A.

Adherence to legislation is always mandatory

B.

Adherence to codes of ethics is always mandatory

C.

Adherence to social responsibility policies is always mandatory

D.

Adherence to charitable donation policies is always mandatory

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Questions 5

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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Questions 6

Company A has recently been having problems matching the views of its employees to its own. Which of the following might help their situation? Select ALL that apply.

Options:

A.

Only hire those who share the company's views.

B.

Ensure management level employees follow the actions and behaviour of those higher up.

C.

Teach employees the company's values and train them to follow them.

D.

Remove any barriers that might prevent an employee from adhering to the company's ethics.

E.

Reward those who consistently recognise and and adhere to the company's values.

F.

Discipline those who regularly ignore the company's rules and values.

G.

Threaten legal action against those who regularly ignore the company's ethics.

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Questions 7

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 8

Which of the following is incorrect?

Options:

A.

The first directors are appointed upon the incorporation of the company.

B.

Subsequent directors are appointed according to the rules set down in the company's Memorandum of Association.

C.

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

D.

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

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Questions 9

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

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Questions 10

Michael is conducting a social and environmental audit on a chemicals factory. Which of the following should he review?

Options:

A.

Emissions levels and the procedures the factory has in place to manage them.

B.

Wastage levels and the procedures the company has in place to manage them.

C.

Recycling targets and procedures.

D.

Adherence to health and safety procedures.

E.

Operational efficiency.

F.

Suitability of the project plan, and project management process.

G.

Adherence to rules and procedures.

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Questions 11

GHI Ltd has contracted with JKL Ltd. If JKL Ltd acts in breach of a condition, which of the following is correct?

Options:

A.

GHI Ltd may terminate the contract and sue for damages.

B.

GHI Ltd may terminate the contract but cannot also claim damages.

C.

The contract between GHI Ltd and JKL Ltd is automatically terminated.

D.

GHI Ltd is entitled to damages only

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Questions 12

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

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Questions 13

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 14

Which of the following is incorrect in relation to a reduction of capital by a private company?

Options:

A.

The company must pass a special resolution to authorize the reduction of capital.

B.

The reduction must be approved by the court.

C.

It is not necessary for the company’s Articles of Association to authorize a reduction of capital.

D.

The directors must make a solvency statement.

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Questions 15

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 16

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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Questions 17

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

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Questions 18

Which of the following statements correctly defines the ethics of utilitarianism?

Options:

A.

The guiding principle of conduct should be the greatest happiness for the greatest number

B.

The guiding principle of conduct should be the consideration of the duty to respect other rational beings

C.

The guiding principle of conduct should be to do no harm

D.

The guiding principle of conduct should be to act with justice and courage

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Questions 19

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

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Questions 20

The Professional Accountant should always:

Options:

A.

Think objectively; act professionally; continue to learn and develop

B.

Think subjectively; act professionally; continue to question

C.

Think professionally; act personably; continue to question

D.

Think accurately; act purposefully; continue to learn and develop

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Questions 21

Which of the following statements about the relationship between external and internal auditors is FALSE?

Options:

A.

Internal and external auditors should meet regularly to ensure timely and efficient completion of the work

B.

In some countries, there is a statutory requirement to have both an internal and an external audit

C.

Internal auditors may provide engagement work programs and working papers to external auditors

D.

Oversight of the work of external auditors is the responsibility of the chief internal auditor

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Questions 22

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.

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Questions 23

Internal audit is considered best practice but is not required by law Which of the following does NOT describe a benefit of internal audit to the board of directors?

Options:

A.

The internal audit function can help the audit committee have confidence in the fraud prevention systems within the company

B.

The internal audit function can provide independent assurance of the financial policies applied to the financial statements

C.

The internal audit function can report back to the audit committee if controls are not as effective as they should be

D.

The internal audit function can help the audit committee to discharge their responsibilities for the ongoing monitoring of the risk in the company

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Questions 24

Natthapong's toilet won't flush, so he hires a plumber to come over and fix it.

He tells the plumber what the problem is, and the plumber agrees to fix it.

However, once the builder supposedly finishes the job, Natthapong finds that it still won't flush.

Is he able to terminate the contract?

Options:

A.

Yes - The plumber did not fix the toilet and so the offer cannot be accepted.

B.

Yes - He is able to terminate the contract at any time, even if the plumber did fix the toilet.

C.

No - Once he's offered the plumber the job he is unable to terminate the contract.

D.

No - Even if the plumber hasn't fixed the toilet he has still given up his time and effort and should therefore be paid.

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Questions 25

On 1st October X Ltd wrote to Y Ltd offering to sell a machine at a price of £5,000. The letter stated that Y Ltd must give X Ltd “notice in writing” of its acceptance of the offer by 8th October. Y Ltd posted its acceptance on 5th October and this reached X Ltd on 7th October. In the meantime X Ltd sent a letter to Y Ltd on 4th October revoking its offer, and this reached Y Ltd on 8th October.

 

Which of the following is correct?

Options:

A.

There is no contract between X Ltd and Y Ltd because the offer was withdrawn on 4th October when the revocation was sent to Y Ltd.

B.

There is no contract between X Ltd and Y Ltd because the offer was withdrawn on 8th October when the revocation was received by Y Ltd.

C.

X Ltd and Y Ltd contracted on 5th October.

D.

X Ltd and Y Ltd contracted on 7th October.

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Questions 26

Which of the following statements is incorrect in relation to the revised derivative action under section 260 of the Companies Act 2006? 

(i) The action may be brought by a single shareholder.

(ii) The action may be brought in relation to an act of negligence by the directors.

(iii) The action cannot be brought in respect of a proposed act by the directors.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(ii) and (iii) only

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Questions 27

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

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Questions 28

AD company has recently appointed you as the head of their internal audit department and the head of the risk management committee. The internal audit department consists of a team of ten full time staff and other finance and IT staff are appointed into the internal audit team on an ad hoc basis as required. The rail time staff are all qualified accountants, some with CIMA and some with other professional bodies.

The company prefers to keep the full time staff complement to ten to manage the costs and the team have told you that they are often under considerable pressure to perform their operational and financial audit work and feel short staffed. The team therefore relies on the support of key members of the finance department and IT department, who are experts in their areas

You were appointed to the role by the audit committee and have been given authority to investigate all aspects of the business.

From your initial understanding of the internal audit function which TWO statements describe the strengths of the department?

Options:

A.

There is no limitation on the scope of the department's work

B.

The department has no operational responsibilities

C.

The appointment process of the head of internal audit reduces the opportunity for management bias

D.

The department is sufficiently resourced both financially and in terms of qualified, experienced staff.

E.

The department is independent and objective.

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Questions 29

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 30

Which of the following do CIMA members NOT have a specific duty to do?

Options:

A.

Observe the highest standards of conduct and integrity

B.

Uphold the good standing and reputation of the profession

C.

Refrain from any conduct which might discredit the profession

D.

Uphold the good standing and reputation of their employer

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Questions 31

Which of the following is INCORRECT in relation to the Unfair Terms in Consumer Contracts Regulations 1999?

Options:

A.

The regulations only apply to standard form contracts.

B.

The regulations only apply to exemption clauses.

C.

The regulations only apply to consumer contracts entered into by a human being and do not apply to limited companies.

D.

Whether or not a clause is written in plain English is a factor which may be taken into account in deciding whether the term is unfair.   

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Questions 32

Which of the following are situations involving familiarity threats? Select ALL that apply.

Options:

A.

Steve - A business manager who hires his 18-year-old son for a managerial level job.

B.

Kay - A department manager who doesn 't reprimand one of her team members for doing a job wrong because they are friends.

C.

Angela - Has worked on the production line for the past seven years.

D.

Steve - Conducts monthly reviews of his team's performance (the team hasn't changed for the past five years).

E.

Bryan - Has worked as an accountant for the past ten years. He always makes sure he is up-to-date with changes in the industry.

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Questions 33

Which of the following is correct? 

(i) A decision of the Supreme Court is binding on all lower courts which are called upon to decide a case based on similar material facts.

(ii) If there is a conflict between European Law and English law, European Law prevails.

(iii) Parliament may delegate authority to the government to make law.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

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

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Questions 34

The board of Wye Ltd has resolved to issue £100,000 of redeemable preference shares. Which of the following is correct?

(i) The company must have issued at least one non-redeemable share.

(ii) The company must redeem them at not less than their nominal value.

(iii) A holder of a redeemable share must also hold at least one ordinary share in the company.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 35

Which of the following is correct in relation to Section 14 of the Sale of Goods Act 1979 which implies a term into contracts for the sale of goods that the goods supplied will be of “satisfactory quality.”

(i) A breach of Section 14 enables the innocent buyer to cancel the contract and claim damages.

(ii) The parties to a contract for the sale of goods can choose to exclude Section 14.

(iii) Section 14 applies to contracts for the sale of new goods only and does not apply to sales of second-hand goods

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) only

D.

(ii) and (iii) only

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Questions 36

The IFAC has eight main drivers of sustainable corporate success. Which of the following are included in the eight mam drivers?

1, Innovation and adaptability

2. Effective leadership and strategy.

3. Board control and responsibility

Options:

A.

1 only

B.

2 and 3 only

C.

1 and 2 only

D.

2 only

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Questions 37

The code of ethics of the professional body to which M belongs is very clear about the importance of non-discrimination on the grounds of race, gender, sexual orientation and religion. But, because of her particular religious convictions, M believes that homosexuality is wrong. This is an example of a tension between:

Options:

A.

Corporate and professional values

B.

Personal and professional values

C.

Societal and professional values

D.

Personal and corporate values

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Questions 38

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

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Questions 39

Which of the following is CORRECT?

(i) A company limited by shares is a legal person separate and distinct from those who own and manage the company

(ii) If the company structure is used as a mere façade for fraudulent purposes the company but not the directors or shareholders can be held liable

(iii) If the company has carried on business despite the fact that insolvency appeared inevitable the directors may be personally liable for the debts contracted.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(ii) and (iii) only

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Questions 40

The distinction between an employee and an independent contractor is important because only an employee:

i. is given statutory protection in relation to employment rights.

ii. is subject to the deduction of income tax and national insurance under the PAYE system.

iii. can make the employer vicariously liable for his/her torts.

Options:

A.

(i) and (ii) only

B.

(ii) and (iii) only

C.

(i) and (iii) only

D.

(i), (ii) and (iii)

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Questions 41

Which of the following is correct if a promoter orders goods or services on behalf of a company limited by shares which is not yet registered?

(i) The promoter is personally liable for the order.

(ii) The promoter and the company are jointly liable for the order.

(iii) If the company ratifies the order after its registration, the company is liable and the promoter's liability for the order ceases. 

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(i) and (iii) only

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Questions 42

Which of the following statements is correct?

Options:

A.

The question as to whether a worker is an employee or an independent contractor is one of law.

B.

The question as to whether a worker is an employee or an independent contractor is one of fact.

C.

The question as to whether a worker is an employee or an independent contractor is one of fact and law.

D.

Whether a worker is an employee or an independent contractor depends entirely on the application of the control test.

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Questions 43

Jimmy wants to sell his scooter, so he puts an advert on the internet with a price of £50.

He quickly gets an offer for the full amount, but then decides that he doesn't want to sell his scooter after all!

The buyer complains and threatens to report jimmy to the police.

This doesn't worry Jimmy as he knows he is not legally obliged to sell his scooter. Why is this?

Options:

A.

Because the advertisement was an open offer.

B.

Because a seller can choose to withdraw their item whenever they want.

C.

Because jimmy only stated that he intended to sell the scooter.

D.

Actually, jimmy does have to sell the scooter.

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Questions 44

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

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Questions 45

Which of the following statements is incorrect?

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

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

(iii) A term may be implied into a contract by a court where it would be reasonable to imply it.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) only

D.

(iii) only

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Questions 46

In relation to the Unfair Contract Terms Act 1977, which of the following is correct?

(i) A clause which attempts to exclude liability for death or personal injury caused by negligence is only valid if it is reasonable.    

(ii) A clause which attempts to exclude liability for damage to property is void unless it is reasonable.

(iii) The Unfair Contract Terms Act applies to contractual terms and to occupiers' liability.    

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (iii) only

D.

(ii) and (iii) only

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Questions 47

P is an accountant working in a business Which of the following circumstances might create a self-interest threat for P in her professional role?

Options:

A.

A client is threatening P's dismissal over a disagreement about the review of accounting policies

B.

P is concerned over her employment security

C.

P is required to review data after previously being involved in its preparation

D.

The company is being threatened by litigation

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Questions 48

The introduction of restrictions on how companies are permitted to advertise to children is a UK government reaction to a tension between:

Options:

A.

Professional and corporate values

B.

Corporate and societal values

C.

Personal and societal values

D.

Personal and professional values

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Questions 49

In relation to international regulations, which of the following is correct?

i. International regulations seek to establish common standards between professions practicing in different States so as to further international cooperation and agreement.

ii. International regulations agreed by the professional bodies of different States have the force of international law.

iii. International regulations which harmonies standards and procedures may be incorporated into contracts by commerce and the professions.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(i), (ii) and (iii)

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Questions 50

H is hoping for a promotion. His wife is expecting a baby and they need the extra money. He needs to present the figures for his section, but the true figures do not reflect well on his manager.  What should H do?

Options:

A.

Present the true figures: his motivation should be to be honest

B.

Present figures which reflect well on the manager: after all H needs his manager's approval to get the promotion

C.

Present the figures which reflect well on the manager: H's family are more important

D.

Present slightly amended figures: after all everybody does this, and H will still be popular with the rest of his section

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Questions 51

According to Carroll's model of CSR, which of the following is TRUE of a company's legal responsibility?

Options:

A.

It provides guidance relating to philanthropic responsibility

B.

It equates with doing what is right. just and fair

C.

It provides a base line for operating within society

D.

It provides a rule book for ensuring a reasonable return for shareholders

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Questions 52

Which of the following is correct in relation to the control of boards of directors of public limited companies? 

i. The boards of public limited companies are under the legal control of the shareholders

ii. The majority of the shares in public limited companies are held by institutional investors who are more concerned with capital growth and income than the internal management of public limited companies

iii. As a general rule, private investors in the shares of public limited companies have insufficient power to influence the activities of the board.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(i),(ii) and (iii)

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Questions 53

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 54

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 55

A Ltd contracted to deliver a quantity of goods to B Ltd for £5,000. The goods were delivered and A Ltd submitted an invoice to B Ltd for the amount due which contained a number of new terms. Which of the following is incorrect?

Options:

A.

The invoice is a contractual document and B Ltd is bound by the terms on the invoice.

B.

B Ltd is only bound by the terms if it was given notice of them at or before the time of the contract.

C.

B Ltd is bound by the terms if there is a sufficient course of dealings between A Ltd and B Ltd so that B Ltd is assumed to know of the terms.

D.

If B Ltd is unaware of the terms, it can only be bound by them if it agrees to be so.

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Questions 56

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 57

Which of the following is NOT a personal quality expected of professional accountants by CIMA?

Options:

A.

Relativity

B.

Reliability

C.

Responsibility

D.

Respect

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Questions 58

Maintaining professional knowledge and skill at the level required to ensure that a client or employer receives competent professional service demonstrates the CIMA Code of Ethics fundamental principle of:

Options:

A.

Integrity

B.

Objectivity

C.

Professional competence and due care

D.

Professional behavior

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Questions 59

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

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Questions 60

How might a company ensure that the roles and responsibilities of its board and management are made clear and publicly known?

Options:

A.

Ensure such details are included in the its annual report.

B.

Highlight this information during its AGM.

C.

Ensure it has an audit committee, remuneration committee and a nominations committee.

D.

Adhere to the principles outlined in the Sarbanes-Oxley Act.

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Questions 61

What can companies do in order to minimize the likelihood of future legislation?

Options:

A.

Maintain effective self regulation

B.

Insist on the highest standards of ethical behavior from their company and its employees

C.

Understand and address what the public expects of companies in terms of ethical behavior and social responsibilities

D.

All of the above

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Questions 62

Which of the following is NOT a 'financial stakeholder' of an organization?

Options:

A.

Customer

B.

Media

C.

Employee

D.

Government

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Questions 63

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 64

S is management accountant for a small retail company. S has discovered a possible fraud in the purchasing department. The manager of that department has told S that he is aware of the fraud and will 'deal with it'.

 

Which ONE of the following would it be appropriate for S to do?

Options:

A.

Nothing

B.

Advise a director of the company

C.

Ask for confirmation in writing from the manager

D.

Bring the matter to the attention of the police

E.

Ask for advice from the company's external auditors

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Questions 65

One of the fellow accountants in your office thinks that she is intellectually superior to the rest of you. This has made her complacent and she refuses to attend training courses or ongoing professional development. As a result, she may be failing to adhere to the CIMA Code of Ethics fundamental principle of:

Options:

A.

Courtesy

B.

Integrity

C.

Responsibility

D.

Professional competence and due care

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Questions 66

Which of the following statements is true?

Options:

A.

The CIMA Code of Ethics is based on the IFAC Code of Ethics

B.

The IFAC Code of Ethics is based on the CIMA Code of Ethics

C.

The CIMA and IFAC codes take a very different approach

D.

The CIMA Code of Ethics is compliance based while the IFAC Code of Ethics is principles based

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Questions 67

Which TWO of the following are the characteristics of a framework driven by values, principles and ethics?

Options:

A.

Implicit

B.

Discretionary

C.

Detection

D.

Mandatory

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Questions 68

B is a director and shareholder in Cee Ltd. Which ONE of the following is INCORRECT?

Options:

A.

B may be dismissed at any time by an ordinary resolution of the shareholders.

B.

B cannot vote as a shareholder in any meeting called to dismiss him as a director.

C.

The company must be given 28 days notice of any proposed resolution to dismiss B.

D.

B is entitled to speak at the meeting called to consider the proposal to dismiss him.

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Questions 69

Which of the following are fundamental characteristics of useful information? Select ALL that apply.

Options:

A.

Relevance

B.

Faithful representation

C.

Understandability

D.

Verifiability

E.

Comparability

F.

Timeliness

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Questions 70

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 Chairman and Managing Director

B.

The appointment of competent accountants in the finance function

C.

The establishment of an audit committee

D.

The reporting to shareholders of risks and internal controls

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Questions 71

S is Assistant Management Accountant for a large telecommunications company. S has become aware that the company is paying fees to those government ministers responsible for the regulation of the telecommunications industry and for authorizing large public contracts. S is concerned that this is unethical, so she mentioned it to the Finance Director during her most recent appraisal. The Director seemed amused at her concern and said that such a situation was 'perfectly normal'.

 

Which TWO of the following would it be appropriate for S to do?

Options:

A.

Nothing further

B.

Request a further meeting with the Finance Director  

C.

Ask for confirmation in writing from the Director

D.

Resign

E.

Bring the matter to the attention of the Managing Director

F.

Ask for advice from the company's external legal advisors

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Questions 72

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

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Questions 73

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

Options:

A.

The separation of roles of Chairman and Chief Executive

B.

The appointment of a senior Government representative to the Board

C.

The appointment of independent non-executive directors to the Board

D.

The establishment of an audit committee

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Questions 74

ABC Ltd has entered into a contract with DEF Ltd. The contract provides that breach a particular term entitles the innocent party to terminate the contract.  What is the legal status of that term?

Options:

A.

The term is a condition.

B.

The term is a warranty.

C.

The term is a penalty clause.

D.

The term is an in nominate term.

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Questions 75

Which of the following statements is correct in relation to the "maintenance of capital" principle?

Options:

A.

A company cannot use its share capital which must be set aside as a fund for creditors.

B.

In general, a company can use its share capital for any reason whatsoever, as long as it ensures that there is sufficient remaining to meet the company's debts.

C.

In general, a company is not able to freely return its share capital to its members.

D.

A company cannot use its share capital, and may only return it to its members with the permission of the court.

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Questions 76

Which of the following is correct? 

(i) All courts below the Supreme Court may refer a case involving European Law to the European Court of Justice for a preliminary ruling.

(ii) The Supreme Court must refer a case involving European Law to the European Court of Justice for a preliminary ruling.

(iii) An English court is not bound to give effect to a preliminary ruling of the European Court of Justice.

Options:

A.

(i) and (ii) only

B.

(ii) and (iii) only

C.

(iii) only

D.

(i) and (iii) only

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Questions 77

Which ONE of the following was NOT a recommendation of the Cadbury Committee Report 1992?

Options:

A.

Independent non-executive directors should be appointed to the boards of listed companies

B.

An audit committee consisting of a majority of non-executive directors should be established to oversee the company's finances

C.

Executive directors should not be offered service contracts for more than five years unless approved by the shareholders in a general meeting

D.

The remuneration packages of executive directors should be agreed by a remuneration committee wholly or mainly comprising non-executive directors

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Questions 78

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 79

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 Chairman and Chief Executive

B.

The appointment of independent non-executive directors to the Board

C.

The establishment of a Risk Committee

D.

The appointment of a competent Company Secretary

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Questions 80

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

Options:

A.

The articles may be amended by the members passing a special resolution.

B.

Any special resolution to alter a company’s articles of association may be passed by the members in a general meeting or by a written resolution.

C.

As long as the resolution to alter the articles is approved by 75% of the members of the company, it may require members to purchase additional shares.

D.

Any special resolution to alter the articles must be passed in good faith in the best interest of all the shareholders.

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Questions 81

(i) In general a person is assumed to know of a clause of which he has been given reasonable notice at or before the time of the contract.

(ii) In general a person cannot rely on a clause brought to the other party's attention after the contract has been concluded.

(iii) In general a person cannot be bound by a clause written in small print.

 

Choose one of the following.

Options:

A.

Only (i) and (ii) are correct.

B.

Only (ii) and (iii) are correct.

C.

Only (i) and (iii) are correct.

D.

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

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Questions 82

Which of the following does a professional accountant NOT have a duty to stay up to date on?

Options:

A.

Emerging issues that could affect public interest

B.

Who's who in the industry

C.

New legislation

D.

Ethical issues relating to his or her work

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Questions 83

Which THREE of the following are examples of a fraudulent action against a company?

Options:

A.

The omission of an invoice from the purchase ledger due to it being mis-filed in the petty cash invoices.

B.

The theft of cash from the cash till by an employee.

C.

The loss on the sales of a car due to its accumulated depreciation on the day of sale being too low as a consequence of a depreciation policy of 25%

D.

The selection of an incorrect accounting policy by the management team whereby sales of goods are recognised on the day that the order is placed despite the company policy of a three day cooling off period

E.

The sending of a bogus invoice to another company

F.

The misallocation of a transaction against the incorrect account code in the general ledger

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Questions 84

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 85

The Auditing Practices Board has an objective of establishing ethical standards in relation to which aspects of the work of external auditors and those providing assurance services?

Options:

A.

Transparency, competitiveness and value

B.

Independence, objectivity and competitiveness

C.

Transparency, value and integrity

D.

Independence, objectivity and integrity

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Questions 86

Which of the following is CORRECT in relation to a Limited Liability Partnership (“LLP”)?

(i) An LLP is formed by registration with the Registrar of Companies

(ii) Unlike the articles of a company the internal rules of an LLP are not available for public inspection

(iii) An LLP is liable to pay corporation tax on its profits

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 87

In the UK, which organization that governs the accounting profession has taken the lead with respect to ethical considerations?

Options:

A.

The Accounting and Auditing Policy Committee

B.

The Financial Reporting Council

C.

The Financial Standards Accounting Board

D.

The International Accounting Standards Board

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Questions 88

Who is bound by the articles of association?

Options:

A.

The company + Shareholders

B.

The company

C.

Shareholders

D.

Stakeholders

E.

The company + Stakeholders

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Questions 89

As a general rule, what period of continuous employment is required before a person can make a claim for unfair dismissal?

Options:

A.

at least 6 months

B.

at least 9 months

C.

at least 2 years

D.

at least 3 years

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Questions 90

ABC Ltd has resolved to purchase the business of ST Ltd for £500,000. ABC Ltd is to pay ST Ltd for the business by issuing ordinary £1 shares rather than cash. As the market value of ABC Ltd's shares is £5 per share, ABC Ltd is to issue to ST Ltd 100,000 ordinary £1 shares. Which of the following is incorrect?

Options:

A.

The issue is lawful as ABC Ltd may issue its shares for a non-cash consideration.

B.

The issue is lawful because ABC Ltd does not need to first offer the new shares to its existing members.

C.

The issue is only lawful if the directors have the necessary authority to issue the shares.

D.

The issue is only lawful if ABC Ltd arranges to have the business valued by the company's auditor.

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Questions 91

An external auditor has concluded that the financial statements of a company fairly reflect the financial position of a company. The report which the auditor issues will include which of the following?

1. Details of the company's directors

2. Details of managements' responsibilities.

3. Details of the company's performance.

Options:

A.

1 and 3 only

B.

1,2 and 3

C.

2 only

D.

1 and 2 only

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Questions 92

Pascal later heads off to the party where he proceeds to tell everyone about his amazing first day at work and the huge profits his new company are making and how much he's already saved them. "My future is bright"

he tells everyone!

Again, Pascal has breached CIMA's ethical principles.

Which of the following has he breached?

Select ALL that apply.

Options:

A.

Confidentiality

B.

Professional competence and due care

C.

Integrity

D.

Professional behaviour

E.

Objectivity

F.

Confidentiality + Integrity

G.

Professional competence and due care + Objectivity

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Questions 93

Which of the following is incorrect in relation to a company registered after the Companies Act 2006 was fully in force?

Options:

A.

The company is to be treated as if it has unlimited objects.

B.

The company may choose to restrict its objects by including provisions to that effect in its Articles of Association.

C.

The company will not be able to place any restrictions on its objects clause.

D.

If the company has restrictions on its objects they may be amended by special resolution.

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Questions 94

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 95

Which of the following might a company experience if they were to implement internal control measures?

Select ALL that apply.

Options:

A.

Reduced risk

B.

More control

C.

A requirement to hire external auditors

D.

Less paper work

E.

Less bureaucracy

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Questions 96

Which of the following is INCORRECT in relation to the European Commission?

Options:

A.

The Commission is the executive arm of the European Union.

B.

The Commission is made of independent Commissioners whose role is to further the interests of the Member States which they represent.

C.

The Commission represents the European Union in any trade negotiations with states which are not members of the European Union.

D.

The Commission has a duty to ensure the treaties and law are upheld, potentially by taking Member States or other institutions to the European Court of Justice.

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Questions 97

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 98

Section 12 of the Sale of Goods Act 1979 implies a condition into contracts for the sale of goods that the person selling the goods has the right to sell them. Which of the following is correct?

(i) The contracting parties may agree to exclude Section 12 from their contract

(ii) Section 12 applies to both consumer and non-consumer contracts for the sale of goods.

(iii) A breach of Section 12 entitles the purchaser of the goods to cancel the contract.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) only

D.

(ii) and (iii) only

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Questions 99

Which of the following is incorrect in relation to equitable remedies?

Options:

A.

Equitable remedies are available as of right.

B.

A person who requests an equitable remedy must have acted equitably himself.

C.

A person cannot obtain an equitable remedy if the common law remedy of damages is adequate.

D.

A person seeking an equitable remedy must act within a reasonable time.

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Exam Code: BA4
Exam Name: Fundamentals of Ethics, Corporate Governance and Business Law
Last Update: Nov 18, 2024
Questions: 661

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