+ All Categories

law

Date post: 01-Nov-2014
Category:
Upload: sadeep-madhushan
View: 15 times
Download: 1 times
Share this document with a friend
Description:
fgfg
Popular Tags:
20
FBLw Examination 02 01 Which of the following statement is correct? (i) An employer is vicariously liable for all the acts committed by employees and independent (ii) An employer is vicariously liable for all torts committed by employees and independent contractors (iii) An employer is vicariously liable for torts committed by his employees in the course of their employment (iv) An employer is vicariously liable for all acts of his employees committed in the course of their employment 02 Which of the following statements is correct in relation to the Working Time Regulation 1988? (i) An employer can opt out of the requirements of the Working Time Regulation 1988 (ii) An employee cannot be required to work an average of 48 hours per week taken over a period 17 weeks (iii) An employee cannot be required to work an average of 48 hours per week taken over a period 13 weeks (iv) An employee cannot be required to work for more that 48 hours per week in any one week 03 Which of the following statements is correct? (i) The question as to whether a worker is an employee or an independent contract is one of law (ii) The question as to whether a worker is an employee or an independent contractor is one of fact (iii) The question as to whether a worker is an employee or an independent contractor is one of fact and law (iv) Whether a worker is an employee or an independent contractor depends entirely on the application of the control test 04 Which of the following is NOT one of the “seven principles of public life” as defined by the committee of Standards in Public Life? Rumy Sakkaf Findamentals of Ethics, Corporate Governance & Business Law
Transcript
Page 1: law

FBLw Examination 02

01 Which of the following statement is correct?

(i) An employer is vicariously liable for all the acts committed by employees and independent

(ii) An employer is vicariously liable for all torts committed by employees and independent contractors

(iii) An employer is vicariously liable for torts committed by his employees in the course of their employment

(iv) An employer is vicariously liable for all acts of his employees committed in the course of their employment

02 Which of the following statements is correct in relation to the Working Time Regulation 1988?

(i) An employer can opt out of the requirements of the Working Time Regulation 1988

(ii) An employee cannot be required to work an average of 48 hours per week taken over a period 17 weeks

(iii) An employee cannot be required to work an average of 48 hours per week taken over a period 13 weeks

(iv) An employee cannot be required to work for more that 48 hours per week in any one week

03 Which of the following statements is correct?

(i) The question as to whether a worker is an employee or an independent contract is one of law

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

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

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

04 Which of the following is NOT one of the “seven principles of public life” as defined by the committee of Standards in Public Life?

(i) Honesty(ii) Professionalism(iii) Leadership(iv) Integrity

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 2: law

05 Which of the fundamental principles” of CIMA code of ethics is defined as follows;

“A professional accountant should be straight forward and honest in all professional and business relationships”

(i) Objectivity(ii) Professional Behaviour(iii) Integrity(iv) Professional Competence and due care

06 According to the combined code, who is responsible for setting the company’s values and standards?

(i) The Managing Director(ii) The Chairman(iii) The Shareholders(iv) The Board

07 Which of the following is not one of the fundamental principles of CIMA’s Code of Ethics?

(i) Integrity(ii) Accountability(iii) Objectivity(iv) Professional behavior

08 Which of the following are the TWO main difference between the structure and function of Company Boards in Germany and the UK?

(i) In Germany, the Board reports on Corporate Governance issues where in the UK it does not

(ii) In Germany, boards are responsible for both management and governance, where in the UK they are responsible only for one or the other

(iii) In Germany, Boards often have a two tier structure, where as in the UK they are normally unitary

(iv) In Germany, employees are usually represented on the board, where as in the UK they are not.

09 Which of the following reasons is not an automatically unfair reason for dismissal?

(i) An employee’s protected disclosure(ii) An employee’s refusal to work in contravention of the Working

Time Regulations 1998

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 3: law

(iii) An employee’s pregnancy(iv) An employee’s gross misconduct

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

(i) Integrity(ii) Confidentiality(iii) Objectivity(iv) Respect

11 Which of the following is NOT a “financial stakeholder” of an organization?

(i) Government(ii) Customer(iii) Competitor (iv) Employee

12 In the UK, the body responsible for taking an appropriate role in the development of statutes, regulations and accounting standards which affect the conduct of auditing and assurance services, both domestically and internationally is;

(i) The Financial Review Board(ii) The International Federation of Accountants(iii) The Auditing Practices Board(iv) The Professional Oversight Board for Accountancy

13 Which of the “fundamental principles” of CIMA’s code of ethics is defined as follows;

“A professional accountant should not allow bias, conflict of interest or undue influence of others to override professional or business judgment”

(i) Integrity(ii) Professional Competence and due care(iii) Objectivity(iv) Professional behavior

14 Which of the following is correct in relation to the combined code?

(i) The code gives rise to a disclosure requirement(ii) Breach of the code gives rise to criminal penalties(iii) Breach of the code gives rise to civil liability.

(i) (i) and (ii) only(ii) (ii) and (iii) only(iii) (iii) only

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 4: law

(iv) (i) only

15 The body responsible for reviewing the operations of the accounting profession worldwide is

(i) The professional oversight Board for Accountancy(ii) The Financial Reporting Council(iii) The Financial Review Board(iv) The International Federation of Accountant

16 Which of the following terms can be defined as follows?

“How an organization manages its relationships in the wider community”

(i) Social responsibility(ii) Ethics(iii) Corporate Governance(iv) Professional behaviour

17 Which of the following statement(s) is / are true?

(i) Society’s values and expectations change from time to time(ii) Professionals always need to behave with integrity(iii) When taking a decision Professional accountants need not to

comply CIMA’s code of ethics(iv) When taking a decision Social responsibility need not be considred

18 Lim is employed as management accountant of a large retailer. Lim has been invited to take a holiday “all expenses paid” at a villa owned by the managing director of a supplier organization. If Lim accepts the invitation, which of the “following fundamental Principles” of CIMA’s code of ethics will be compromised?

(i) Objectivity(ii) Confidentiality(iii) Integrity(iv) Professional Behaviour

19 Which of the following is responsibility of the Chairman, according to the Combined Code?

(i) Setting the agenda for Board meeting(ii) Carrying out the policies of the Board(iii) Authorising major investments

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 5: law

(iv) Operational control

20 Which of the following is NOT one of the fundamental principles of CIMA’s code of ethics

(i) Courtesy(ii) Professional Behaviour(iii) Integrity(iv) Objectivity

21 Alan has contractual with L limited, under which he has agreed to work 15 hours a week for an annual salary of GBP 12,000/-. Alan may carry out the 15 hours work during any part of the week, as agreed with L limited in advance, but must carry out the work personally. The contract also specifies that Alan is entitled to one week’s notice for each year of employment. Alan has 20 days paid annual leave but he is not entitled to a pension. I s Alan;

(i) A part time worker(ii) It depends entirely on what Alan and L limited(iii) An independent contractor(iv) A casual worker22 Which of the following statement is correct?

(i) A wrongful dismissal cannot also be an unfair dismissal(ii) An unfair dismissal can also be wrongful dismissal(iii) An unfair dismissal must also be a wrongful dismissal

(i) (i) only(ii) (ii) only(iii) (ii) and (iii) only(iv) (i)

23 Which of the following statements best describes the situation in the UK?

(i) There is a little or no corporate governance(ii) All corporate governance is enforceable in law(iii) Some corporate governance is enforceable in law(iv) No corporate governance is enforceable in law

24 Which of the following terms can be defined as follows;

“the system by which companies are directed and controlled”

(i) Social responsibility(ii) Ethics(iii) Professional Behaviour(iv) Corporate Governance

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 6: law

25 Which of the following is an employer not liable for at common law?

(i) The negligent acts of the employer’s employees to third parties(ii) The negligent acts of independent contractors to other employees

of the employer(iii) The negligent acts of independent contractors to third parties(iv) The negligent acts of the employers employees to third parties.

26 Which of the following is an “Interest Stakeholder” in an organization?

(i) Government(ii) Customer(iii) Competitor(iv) Employee

27 Grace is employed as management accountant of a large retailer. Grace has been asked to dismiss one her colleagues for “misconduct”, but she is aware that the colleague has done nothing wrong and that her employer is trying to avoid paying any redundancy settlement. If Grace accepts the request, which of the following “fundamental principles” of CIMA’s code of ethics will be compromised?

(i) Confidentiality(ii) Professional Behaviour(iii) Objectivity(iv) Integrity

28 Which of the following is NOT a “financial stakeholder” of an organization?

(i) Employee(ii) Media(iii) Customer(iv) Government

29 Which one of the following is correct in relation to the Combined Code?

(i) If a listed public company fails to produce a report explaining why it has not

implemented the Code’s recommendation’s it has acted in breach of the code(ii) If a public company fails to comply with the code, it may be sued

for breach of statutory duty by those who have suffered loss as a result

(iii) Of the Code is ignored by any company, no action may be taken as it has no legal status

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 7: law

(iv) If any company fails to comply with the Code, the directors may be sued for breach of duty by the company on behalf of the shareholders.

30 JO is employed as management accountant of a large retailer. Jo has been asked to call a supplier and promise settlement of their account “next week”. Jo is aware that her employer will definitely not have sufficient funds available to make the payment. If Jo accepts the request, which of the following “fundamental principles” of CIMA’s Code of Ethics will be compromised?

(i) Confidentiality(ii) Professional Behaviour(iii) Integrity(iv) Objectivity

31 An employer always has an implied duty to

(i) Provide facilities for smokers(ii) Give employees who leave a reference(iii) Provide work(iv) Behave reasonably and responsibly towards employees

32 As a general rule, relation to a claim for unfair dismissal, which of the following statements are correct?

(i) Only employees below the normal retiring age may claim(ii) There is no qualifying period(iii) There is frequently no limit on the amount of compensation that a

tribunal can award(iv) Claims must be made with in three months of the dismissal

(i) (i) only(ii) (ii) only(iii) (ii) and (iii) only(iv) (i) and (iv) only

33 Which of the following reasons is not valid for the dismissal of an employee?

(i) Dishonesty(ii) Willful disobedience of a lawful order(iii) Membership of trade union(iv) Misconduct

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 8: law

34 M has been employed by DL Ltd for four years. He was aware that the company was experiencing trading difficulties but is still shocked to be sent home without notice when DL Ltd is compulsorily wound up. He sues for wrongful dismissal but at the hearing the liquidator proves that he has discovered that makes has embezzled GBP 20,000 from the company. Will M succeed in his claims?

(i) Yes. He has been constructively dismissed(ii) Yes. He has been wrongfully dismissed without notice and no

regard should be paid to the embezzlement discover later.(iii) No. The employment contract was frustrated by DL Limited’s

liquidation(iv) No. DL Limited was justified is its dismissal of M.

35 In which one of the following areas is an employee not protected by legislation?

(i) Dismissal on grounds of age(ii) Dismissal on grounds of race(iii) Dismissal on grounds of disability(iv) Dismissal on grounds of sex

36 Which of the following statements is true?

(i) The most common remedy for wrongful dismissal is damages. The measures of damages is usually the sum that would have been earned if proper notice had been given.

(ii) Where breach of contract leaves the employer as the injured party, he may dismiss the employee and withhold wages.

(i) (i)(ii) (ii)(iii) Both (i) and (ii)(iv) Neither (i) nor (ii)

37 An employee has been continuously employed for one and a half years. He is entitled to:

(i) Three months notice(ii) A minimum of a week’s notice(iii) One weeks notice for every year of his employment (iv) A month’s notice

38 Which of the following is not a duty of the employer?

(i) To provide a rest break of at least twenty minutes every six hours(ii) To provide an itemized pay slip (iii) To provide references for the employee when the employee seeks

other employment(iv) To take reasonable care of employees

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 9: law

39 Which of the following might not be termination of employment by a breach of contract?

(i) Summary dismissal(ii) Constructive dismissal(iii) Wrongful dismissal(iv) Inability on the employer’s behalf to continue

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

(i) A duty to provide a reference(ii) A duty to provide work(iii) A duty to pay wages(iv) An employee’s duty to disclose his own misconduct

41 Where must a claim for a wrongful dismissal be brought?

(i) The employment tribunal only(ii) The county court only(iii) The high court only(iv) The county court, the high court or the employment tribunal

42 Which of the following is not a duty of the employee?

(i) reasonable competence(ii) Obedience to instructions ( unless required is unlawful or will

expose employee to personal danger)(iii) Absence of error in work undertaken(iv) Personal services

43 Which of the following is not a provision of the Employment Relations Act 1999?

(i) Ordinary maternity leave is extended to 26 weeks(ii) The qualifying period for additional maternity leave is reduced

from two years to one(iii) Mother, fathers and adopted parents have the right to 13 weeks

unpaid leave during the first five years(iv) Reasonable time off is to be allowed for family emergencies, for

example absence of a carer

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

(i) The duty to obey the employer’s lawful instructions(ii) The duty to provide work(iii) The duty not to disclose confidential information

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 10: law

(iv) The duty to maintain mutual trust and confidence

45 Which of the following is a “financial stakeholder” of an organization?

(i) Competitor(ii) Non Government organisation(iii) Employee(iv) Media46 How much continuity of employment must an employee have to be

eligible for redundancy payment?

(i) 06 months(ii) 02 years(iii) 01 year(iv) None

47 Which of the following statement is correct?

(i) Employee who has worked for 13 weeks qualifies for 3 week’s paid annual leave including public holidays

(ii) Employee who has worked for 13 weeks qualifies for 3 week’s paid annual leave plus public holidays

(iii) Employee who has worked for 13 weeks qualifies for 4 week’s paid annual leave including public holidays

(iv) Employee who has worked for 13 weeks qualifies for 4 week’s paid annual leave plus public holidays

48 Which of the following must be satisfied for an employee to claim wrongful dismissal?

(i) The employer terminated the contract without notice, and was not justified in doing so

(ii) The company must have at least 12 month’s continuous employment

(iii) The dismissal was not for reasons of conduct, capability, redundancy or some other substantial reason

(i) (i) only(ii) (i), (ii), and (iii)(iii) (i) and (ii)(iv) (iii) only

49 Which of the following reasons is not an automatically unfair reason for dismissal?

(i) An employee’s refusal to work in contravention of the Working Time Regulations 1998

(ii) An employee’s protected disclosure(iii) An employee’s pregnancy

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 11: law

(iv) An employee’s gross misconduct

50 N commences employment under a three year contract with A limited on 01. 08. 2006, on 30 06 2009 he is given notice that the contract is not to renewed. Assuming that he has a case, what claims may he bring against A Ltd?

(i) Wrongful dismissal only(ii) Unfair dismissal only(iii) Redundancy only(iv) Redundancy and unfair dismissal only

51 Which of the following statements suggests that John is an independent contractor in relation to the work he carries out for Zed Ltd?

(i) He is required to provide his own tools(ii) He is required to carry out his work personally and is not free to

send a substitute(iii) He is paid in full without any deduction of Income Tax

(i) (i) and (ii) only(ii) (ii) and (iii) only(iii) (i) and (iii) only(iv) (i), (ii) and (iii) only

52 Which of the following statements is correct?

(i) An employer is obliged to provide careful and honest reference.(ii) An employer is obliged to provide a safe system of working(iii) An employer is obliged to provide employees with smoking

facilities during authorised breaks at work.(iv) An employer with a fewer than 20 employees is obliged to provide

an itemised written pay statement

53 Which one of the following can not justify the dismissal of an employee?

(i) The employee’s incompetence(ii) The employee’s misconduct(iii) The employee’s inability to do the job without contravening a

statute.(iv) That the employee proposes to join an independent trade union

54 In which one of the following situations is an employee not entitled to time off work?

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 12: law

(i) When the employee has given proper notice that he intends to leave, and wants to attend interviews for a new job

(ii) When an employee receives proper redundancy notice from the firm, and wants to attend interviews for a new job

(iii) When the employee is a trade union official, and wants time off to carry out trade union duties

(iv) When the employee is in training as his company’s safety representative seeks time off to attend a course.

55 Which one of the following is an employer today always bound to do?

(i) Give a testimonial to an employee who ask for one when he or she wishes to leave

(ii) Insure himself against possible occupational safety liability to employees

(iii) Pay wages to an employee during absence for illness(iv) Prohibit smoking indoors

56 L plc carries out a business using both employees and independent contractors. It is important for L plc to be able to distinguish between its employees and its independent contractors for a number of reasons. Which of the following is not correct?

(i) Employees owe statutory occupational safety duties to employees but not to independent contractors

(ii) Employees have a right not to be unfairly dismissed, but this does not apply to independent contractors

(iii) H plc must deduct income tax and National Insurance contribution from the wages of its employees, but not from the amounts paid to independent contractors

(iv) H plc must give statutory notice of detailed terms of work to part time employees but not to independent contractors

57 Three of the following grounds for dismissal are automatically unfair. One might be unfair, but not automatically. Which one?

(i) The employees proposed in his or her own time to take part in the activities of an independent trade union

(ii) The employee had become pregnant but could still have done her job until antenatal care was needed

(iii) The employee complained to the employer that the latter was breaking a statutory health and safety provision

(iv) The employee was secretly working part time for another company

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 13: law

58 Various tests have been developed for the purpose of distinguishing between employees and independent contractors. Which one of the following is not an identifiable test applicable?

(i) The control test(ii) The liability test(iii) The organization test(iv) The economic reality test

59 Which statement is true?

(i) Professional accountants are expected to have regard to the public interest in performing their duties

(ii) Professional accountants are expected to have regard to their personal interest.

(iii) Professional accountants are expected to have regard to the company goals only.

(iv) Professional accountants are not expected to have regard to the public interest in performing their duties

60 Which statement is true?

(i) The IFAC code is mandatory for all members firms or bodies of IFAC

(ii) The IFAC code is a guide for all members firms or bodies of IFAC(iii) The professional accountants is not bound by the principles of

confidentiality after the end of the relationship with a client or employer

(iv) The five qualities and virtues sought by CIMA are reliability, accountability, fairness, responsibility and timeliness.

61 Which statement is incorrect?

(i) The Professional Oversight Board for Accountancy (POBA) is part of the Financial Reporting Council (FRC)

(ii) The CIMA “Code of Ethics” includes reference to how a professional accountant can raise a concern about unprofessional or unethical behaviour.

(iii) “The Seven Principles of Public Life” govern all professional accountants.

(iv) The Auditing Practices Board (APB) does not reviews the review the regulatory activities of the professional accounting bodies.

62 Which Statement is incorrect?

(i) Codes of ethics are voluntary(ii) Governance refers to a how an organization is run

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 14: law

(iii) Social responsibility refers to a company’s relationship with its shareholders

(iv) Law will be implemented if the code of ethics is not practiced

63 Which Statement is correct?

(i) Conflicts of interest only arise in business life(ii) Dilemmas arise when the boundaries of right and wrong are not

clear(iii) The CIMA ‘code of ethics’ does not include guidance on how to

resolve an ethical dilemma (iv) Dilemmas arise only to professional accountants

64 Which of the following is correct?

(i) It is criminal offence for listed companies to fail to comply with the Revised Combined Code

(ii) A listed public company has complied with the Combined code if it produces a report explaining why it has not implemented its recommendations

(iii) The Combine Code has no status and may be ignored by all companies

(iv) A public company may be sued for breach of statutory duty if it fails to comply with the combine code.

65 In which of the following does a director owe duties of care and skill?

(i) The public at large(ii) The company’s creditors(iii) The Shareholders

(i) (i) only(ii) (ii) only(iii) (i) and (ii) only(iv) (iii) only

66 Which of the following are not represented at board level in the UK?

(i) Creditors(ii) Shareholders(iii) Employees

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 15: law

(i) (i) only(ii) (i) and (ii) only(iii) (iii) only(iv) (i) and (iii) only

67 Which of the following types of committees is not recommended by the Combined Code?

(i) Planning Committee(ii) Nominations Committee(iii) Remunerations Committee(iv) Audit Committee

68 Which of the following are examples of unitary board structure?

(i) An all executive board(ii) A majority executive board(iii) A majority non – executive board

(i) (i) only(ii) (i) and (ii) only(iii) (ii) and (iii) only(iv) (i), (ii) and (iii)

69 In contract of employment, which of the following cannot be restrained after the contract end?

(i) Future employment specified in the contract by restraint of trade clause

(ii) Use of specified confidential information(iii) Disclosure of specified trade secrets(iv) Use of special skills acquired during the employment

70 Which of the following would not help accountants to act in the public interest and with social responsibility?

(i) Staying up to date with developments in business and accounting(ii) Defining long term career objectives(iii) Abiding by the CIMA Code of Ethics for professional accountants(iv) Acting with integrity

71 Which of the following is not true of ethical guidelines and standards?

(i) Ethical guidelines and standards encourage good practice(ii) Accountants are required by law to follow ethical guidelines and

standards(iii) CIMA members must adhere to CIMA’s Code of Ethics (iv) CIMA members must adhere to the International Federation of

Accountant’s (IFAC) Code of Ethics.72 Which of the following is not the case?

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 16: law

(i) The CIMA Code of Ethics takes an ethically based approach(ii) The IFAC Code of Ethics takes a compliance based approach(iii) Company code of ethics can take an ethically based or a

compliance based approach(iv) Codes of Ethics are often based on core values of principles

73 Which of the following is not the case? Professional accountants must keep themselves up to date professionally because:

(i) Accountants have a duty to maintain professional knowledge and skills

(ii) Accountants have a duty to provide a client or employer with competent professional service.

(iii) It is a requirement of CIMA Code of Ethics(iv) It is a requirement of the Seven Principles of Public Life.

74 One of your colleagues has provided information that you believe he knows to be misleading. If you are correct, this violates CIMA’s fundamental principle of:

(i) Integrity(ii) Objectivity(iii) Professional Competence and due care(iv) Confidentiality

75 CIMA has a Code of Ethics for Professional Accountants because the code

(i) Provides evidence that accountants behave ethically at all times(ii) Provides a basis for complaints or cases under CIMA’s disciplinary

procedures(iii) Tell stakeholders what is required of them in terms of behaviour(iv) Focuses in providing members with information on what is and is

not required of them by law

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law

Page 17: law

Rumy SakkafFindamentals of Ethics, Corporate Governance & Business Law


Recommended