International business law 4. Case application. (24 points) Case 1: A limited corporation is the industry of
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4. Case application. (24 points) Case 1: A limited corporation is the industry of plastic products production. The total assets of A is 12 million, total debt is 2 million. Since the business is doing well, the board of directors of A limited corporation made the following decisions: 1. Jointly invest 3 million with company B into a partnership enterprise. 2. Invest 3.5 million into computer company C in the name of A corporation. 3. Issue 1.5 million in corporate bond in the name of A corporation. Please judge by yourself which of the above decisions are legally valid? Case 2: In Feb.2020, an American company established a toy factory solely invested by the company in China. The company registered its capital as $0.5 million with 20% in mode of non-patented technology. The first installment payment of $0.1 million was paid up on time. In April, 2021, the company didn't pay its second installment payment because its changed business strategy. The Industry and Commerce Administrative Authority notified the company to implement its corresponding contribution obligation in 30 days lest the certificate became invalid automatically once the obligation was not fulfilled. Since the company refused to do so, the authority suspended its business license/trading certificate afterwards. Answer the following questions based on the above-mentioned information: Whether or not the authority suspension of the company's trading certificate is in accordance with the legal provisions? Case 3: February 10, 2022, an import and export company (company X) issued an advertisement saying that it wanted to purchase a number of KK products, and described the items, quantity and quality standards demanded. The advertisement invited the merchants having the products required to contact it as soon as possible. When company Y saw the ad, it wanted to send an offer to company X through computer system. But the latter didn't specify a system. In the same year on February 18, company Y sent a fax to the import and export company(X), the fax instructions provided by the company stated the number, quality, specifications, unit price, delivery time, place, mode of delivery of the KK products. The fax stated: "If your company agree to the terms, please pay 20% of the total payment as the advance payment before Feb. 30." After the company Y's sales person sent a same offer to the import and export -2- company(X) in the form of e-mail through computer on February 20. The Import and Export Company paid 20% of the total payment as the advance payment with outstanding check on February 28. In the same year on March 3, X company also issued two offers to 2 Russia companies: Company A and Company B, the offer provided the quantity, quality, specifications, price, delivery time, place and manner of the KK product that X can offer, and asked for response within 10 days. A company replied to the offer after receipt of it in 3 days and agreed to accept it, but required a delivery deadline ahead of schedule. B company replied to the offer on the 4th day after receipt of it and agreed to accept it, but required a certificate of origin. X received 2 replies from companies A and B on March 15, 16 respectively. Because X(the Import and Export Corporation) found a suitable buyer afterwards, it no longer negotiated with A and B. Both A and B required X to fulfill the contract. Questions: -What is the requirement for a valid offer? -Are there any already established contracts in the case? If yes is the answer to this question, point out the parties and conclusion times of them? 4. Case application. (24 points) Case 1: A limited corporation is the industry of plastic products production. The total assets of A is 12 million, total debt is 2 million. Since the business is doing well, the board of directors of A limited corporation made the following decisions: 1. Jointly invest 3 million with company B into a partnership enterprise. 2. Invest 3.5 million into computer company C in the name of A corporation. 3. Issue 1.5 million in corporate bond in the name of A corporation. Please judge by yourself which of the above decisions are legally valid? Case 2: In Feb.2020, an American company established a toy factory solely invested by the company in China. The company registered its capital as $0.5 million with 20% in mode of non-patented technology. The first installment payment of $0.1 million was paid up on time. In April, 2021, the company didn't pay its second installment payment because its changed business strategy. The Industry and Commerce Administrative Authority notified the company to implement its corresponding contribution obligation in 30 days lest the certificate became invalid automatically once the obligation was not fulfilled. Since the company refused to do so, the authority suspended its business license/trading certificate afterwards. Answer the following questions based on the above-mentioned information: Whether or not the authority suspension of the company's trading certificate is in accordance with the legal provisions? Case 3: February 10, 2022, an import and export company (company X) issued an advertisement saying that it wanted to purchase a number of KK products, and described the items, quantity and quality standards demanded. The advertisement invited the merchants having the products required to contact it as soon as possible. When company Y saw the ad, it wanted to send an offer to company X through computer system. But the latter didn't specify a system. In the same year on February 18, company Y sent a fax to the import and export company(X), the fax instructions provided by the company stated the number, quality, specifications, unit price, delivery time, place, mode of delivery of the KK products. The fax stated: "If your company agree to the terms, please pay 20% of the total payment as the advance payment before Feb. 30." After the company Y's sales person sent a same offer to the import and export -2- company(X) in the form of e-mail through computer on February 20. The Import and Export Company paid 20% of the total payment as the advance payment with outstanding check on February 28. In the same year on March 3, X company also issued two offers to 2 Russia companies: Company A and Company B, the offer provided the quantity, quality, specifications, price, delivery time, place and manner of the KK product that X can offer, and asked for response within 10 days. A company replied to the offer after receipt of it in 3 days and agreed to accept it, but required a delivery deadline ahead of schedule. B company replied to the offer on the 4th day after receipt of it and agreed to accept it, but required a certificate of origin. X received 2 replies from companies A and B on March 15, 16 respectively. Because X(the Import and Export Corporation) found a suitable buyer afterwards, it no longer negotiated with A and B. Both A and B required X to fulfill the contract. Questions: -What is the requirement for a valid offer? -Are there any already established contracts in the case? If yes is the answer to this question, point out the parties and conclusion times of them?
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Case 1 evaluates the legal validity of a limited corporations board of directors decisions 1 Invest ... View the full answer
Related Book For
Financial Reporting Financial Statement Analysis and Valuation a strategic perspective
ISBN: 978-1337614689
9th edition
Authors: James M. Wahlen, Stephen P. Baginski, Mark Bradshaw
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