ACCA考试F4考试模拟试题(2020-08-13)

发布时间：2020-08-13

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7 In relation to corporate behaviour and legal liabilities:

(a) explain the doctrine of independent legal entity of a company;

(b) state the system of disregard of corporate personality;

(c) state the liabilities of a shareholder for abusing the doctrine of independent legal entity of a company.

答案：

7 This question requires candidates to explain the doctrine of independent legal entity of a company and the system of disregard of corporate personality, and state the forms of liabilities for abuse of the independent legal entity.

(a) In accordance with Article 3 of the Company Law, the doctrine of independent legal entity of a company means that a company is a separate legal entity, has the independent properties of a legal person and enjoys the right to such properties.

Shareholders shall assume liability towards the company to the extent of the amount of capital contributions subscribed by them respectively. A company shall be liable for its debts to the extent of all its assets.

(b) The system of disregard of corporate personality means that the shareholders of a company shall be liable for the debts or civil liabilities of the company where the shareholders abuse the doctrine of independent legal entity of a company to conduct any fraudulent behaviours damaging the interests of the company, or other shareholders, or creditors of the company.

(c) Where the shareholders of a company abuse the independent status of corporate legal person and shareholders’ limited

liability to avoid debts and damage the interests of the company’s creditors, the limited liability of the shareholder shall be disregarded. Such a shareholder shall undertake the joint and several liability for the company’s debts.

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(b) continuous auditing; (5 marks)

正确答案：
(b) Continuous auditing
Continuous auditing is a methodology that enables independent auditors to give written assurance on a subject matter (e.g.
inventory levels, receivables balances, financial statements) using a series of auditor’s reports issued simultaneously with (or
a short period of time after) the occurrence of events underlying the subject matter. Thus it increases the frequency of
reporting (e.g. may be issued daily, weekly).
Technological development is making increasingly sophisticated information systems available to more entities at a decreasing
cost. This has promoted a more widespread dependence on technology to produce more timely information. This has
increased the demand for timely assurance on the information provided. Auditors have had to respond with highly automated
procedures and audit tools that are integrated with the entity’s systems and controls.
Tutorial note: XBRL (eXtensible Business Reporting Language) increases the viability of continuous auditing. It provides a
widely agreed-upon set of descriptors for elements in a business report that can be read and interpreted by computer
systems. It allows an auditor to review data at any stage and determine the origin of the information and the controls that
have been incorporated.
Results of automated audit procedures must be communicated promptly, particularly if anomalies or errors identified require
that follow-up procedures be performed by audit personnel. Secure electronic communication links are therefore essential.
As entities’ reporting has moved from annual and interim reports to the monthly/daily/weekly reporting of key performance
indicators (‘KPIs’)/critical success factors (‘CSFs’), the professional accountant’s assignment has expanded from the audit of
financial statements. For example, to review reports (e.g. on interim financial statements), special purpose reports (e.g. on
the effectiveness of [outsourced] control procedures) to continuous auditing reports.
For continuous audits, auditors’ reports need to be produced automatically and safeguarded against unauthorised changes.
Reports may be ‘evergreen’ (i.e. always available to users and dated at the time of access to the information) or ‘on demand’
(i.e. available when specifically requested and dated at the time of request).
Auditors must be technically proficient to handle any engagement undertaken. For continuous audit assurance engagements
that will require a high level of expertise in various aspects of information technology as well as a sound grasp of the subject
matter being audited.
Continuous audit work requires the frequent or continuous use of audit tools integrated with the client’s systems. For example
embedded audit modules (EAMs) are subroutines that perform. control or audit procedures concurrently with the client’s
normal application processing.

(b) (i) Discuss the main factors that should be taken into account when determining how to treat gains and

losses arising on tangible non-current assets in a single statement of financial performance. (8 marks)

正确答案：
(b) (i) Currently there are many rules on how gains and losses on tangible non current assets should be reported and these
have traditionally varied from country to country. The main issues revolve around the reporting of depreciation,
disposal/revaluation gains and losses, and impairment losses. The reporting of such elements should take into account
whether the tangible non current assets have been revalued or held at historical cost. The problem facing standard
setters is where to report such gains and losses.The question is whether they should be reported as part of operating
activities or as ‘other gains and losses’.
Holding gains arising on the sale of tangible non current assets could be reported separately from operating results so
that the latter is not obscured by an asset realisation that reflects more a change in market prices than any increase in
the operating activity of the entity. Other changes in the carrying amounts of tangible non current assets will be reported
as part of the operating results. For example, the depreciation charge tries to reflect the consumption of the asset by the
entity and as such is not a holding loss. There may be cases where the depreciation charge does not reflect the
consumption of economic benefits. For example, the pattern and rate of depreciation could have been misjudged
because the asset’s useful life has been assessed incorrectly. In this case, when an asset is sold any excess or shortfall
of depreciation may need to be dealt with in the operating result.
Impairment is another factor to consider in reporting gains and losses on tangible non current assets. Impairment is
effectively accelerated depreciation. Impairment arises when the carrying amount of the asset is above its recoverable
amount. It follows therefore that any impairment loss should be reported as part of the operating result. Any losses on
disposal, to the extent that they represent impairment, could therefore be reported as part of the operating results. Any
losses which represent holding losses could be reported in ‘other gains and losses’. The difficulty will be differentiating
between holding losses and impairment losses. There will have to be clear and concise definitions of these terms or it
could lead to abuse by companies in their quest to maximise operating profits.
A distinction should be made between gains and losses arising on tangible non current assets as a result of revaluations
and those arising on disposal. The nature of the gain or loss is essentially the same although the timing and certainty
of the gain/loss is different. Therefore revaluation gains/losses may be reported in the ‘other gains and losses’ section.
Where an asset has been revalued, any loss on disposal that represents an impairment would be charged to operating
results and any remaining loss reported in ‘other gains and losses’.
Essentially, gains and losses should be reported on the basis of the characteristics of the gains and losses themselves.
Gains and losses with similar characteristics should be reported together thus helping the comparability of financial
performance nationally and internationally.

1 Rowlands & Medeleev (R&M), a major listed European civil engineering company, was successful in its bid to become

principal (lead) contractor to build the Giant Dam Project in an East Asian country. The board of R&M prided itself in

observing the highest standards of corporate governance. R&M’s client, the government of the East Asian country, had

taken into account several factors in appointing the principal contractor including each bidder’s track record in large

civil engineering projects, the value of the bid and a statement, required from each bidder, on how it would deal with

the ‘sensitive issues’ and publicity that might arise as a result of the project.

The Giant Dam Project was seen as vital to the East Asian country’s economic development as it would provide a

large amount of hydroelectric power. This was seen as a ‘clean energy’ driver of future economic growth. The

government was keen to point out that because hydroelectric power did not involve the burning of fossil fuels, the

power would be environmentally clean and would contribute to the East Asian country’s ability to meet its

internationally agreed carbon emission targets. This, in turn, would contribute to the reduction of greenhouse gases

in the environment. Critics, such as the environmental pressure group ‘Stop-the-dam’, however, argued that the

project was far too large and the cost to the local environment would be unacceptable. Stop-the-dam was highly

organised and, according to press reports in Europe, was capable of disrupting progress on the dam by measures such

as creating ‘human barriers’ to the site and hiding people in tunnels who would have to be physically removed before

proceeding. A spokesman for Stop-the-dam said it would definitely be attempting to resist the Giant Dam Project when

construction started.

The project was intended to dam one of the region’s largest rivers, thus creating a massive lake behind it. The lake

would, the critics claimed, not only displace an estimated 100,000 people from their homes, but would also flood

productive farmland and destroy several rare plant and animal habitats. A number of important archaeological sites

would also be lost. The largest community to be relocated was the indigenous First Nation people who had lived on

and farmed the land for an estimated thousand years. A spokesman for the First Nation community said that the ‘true

price’ of hydroelectric power was ‘misery and cruelty’. A press report said that whilst the First Nation would be unlikely

to disrupt the building of the dam, it was highly likely that they would protest and also attempt to mobilise opinion in

other parts of the world against the Giant Dam Project.

The board of R&M was fully aware of the controversy when it submitted its tender to build the dam. The finance

director, Sally Grignard, had insisted on putting an amount into the tender for the management of ‘local risks’. Sally

was also responsible for the financing of the project for R&M. Although the client was expected to release money in

several ‘interim payments’ as the various parts of the project were completed to strict time deadlines, she anticipated

a number of working capital challenges for R&M, especially near the beginning where a number of early stage costs

would need to be incurred. There would, she explained, also be financing issues in managing the cash flows to R&M’s

many subcontractors. Although the major banks financed the client through a lending syndicate, R&M’s usual bank

said it was wary of lending directly to R&M for the Giant Dam Project because of the potential negative publicity that

might result. Another bank said it would provide R&M with its early stage working capital needs on the understanding

that its involvement in financing R&M to undertake the Giant Dam Project was not disclosed. A press statement from

Stop-the-dam said that it would do all it could to discover R&M’s financial lenders and publicly expose them. Sally

told the R&M board that some debt financing would be essential until the first interim payments from the client

became available.

When it was announced that R&M had won the contract to build the Giant Dam Project, some of its institutional

shareholders contacted Richard Markovnikoff, the chairman. They wanted reassurance that the company had fully

taken the environmental issues and other risks into account. One fund manager asked if Mr Markovnikoff could

explain the sustainability implications of the project to assess whether R&M shares were still suitable for his

environmentally sensitive clients. Mr Markovnikoff said, through the company’s investor relations department, that he

intended to give a statement at the next annual general meeting (AGM) that he hoped would address these

environmental concerns. He would also, he said, make a statement on the importance of confidentiality in the

financing of the early stage working capital needs.

(a) Any large project such as the Giant Dam Project has a number of stakeholders.

Required:

(i) Define the terms ‘stakeholder’ and ‘stakeholder claim’, and identify from the case FOUR of R&M’s

external stakeholders as it carries out the Giant Dam Project; (6 marks)

正确答案：
(a) (i) Stakeholders
A stakeholder can be defined as any person or group that can affect or be affected by an entity. In this case, stakeholders
are those that can affect or be affected by the building of the Giant Dam Project. Stakeholding is thus bi-directional.
Stakeholders can be those (voluntarily or involuntarily) affected by the activities of an organisation or the stakeholder
may be seeking to influence the organisation in some way.
All stakeholding is characterised by the making of ‘claims’ upon an organisation. Put simply, stakeholders ‘want
something’ although in some cases, the ‘want’ may not be known by the stakeholder (such as future generations). It is
the task of management to decide on the strengths of each stakeholder’s claim in formulating strategy and in making
decisions. In most situations it is likely that some stakeholder claims will be privileged over others.
R&M’s external stakeholders include:
– The client (the government of the East Asian country)
– Stop-the-dam pressure group
– First Nation (the indigenous people group)
– The banks that will be financing R&M’s initial working capital
– Shareholders

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