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

Questions 4

In relation to business names which of the following is CORRECT?

(i) Any business may trade under a business name.

(ii) If a business name is used the name of the owner of the business must be disclosed.

(iii) The business name of a private limited company must end with the word “Limited” or “Ltd”.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) only

D.

(i) and (iii) only

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Questions 5

A company wants to let its employees know that fraud will not be tolerated. It also wants to inform them of the consequences of committing fraud.

Which of the following would best achieve this?

Options:

A.

A fraud policy statement

B.

A fraud response plan

C.

A public relations plan

D.

Outlining clear disciplinary procedures

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Questions 6

Why does life-long learning require commitment? Choose TWO options.

Options:

A.

Rapid advances in technology

B.

Evolving regulations

C.

Career progression

D.

Computer virus-protection

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Questions 7

Which of the following is correct?

(i) The provisions of the Memorandum of Association do not form a contract between the members and the company.

(ii) The provisions of the Articles of Association form a contract between the members and the company.

(iii)      One member may sue another directly on the provisions in the Articles of Association which contain ordinary membership rights.

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (ii) only

D.

(ii) and (iii) only

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Questions 8

A professional accountant is NOT accountable to:

Options:

A.

The public

B.

His or her clients

C.

His or her employer

D.

His or her company ' s competitors

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Questions 9

Which of the following is the superior source of law?

Options:

A.

A decision by the Supreme Court.

B.

A provision in an Act of Parliament

C.

A Regulation issued by the European Council of Ministers.

D.

A Statutory Instrument.

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Questions 10

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 11

Which of the following most accurately describes obiter dicta?

Options:

A.

It is the legal principle used by a court to decide a case.

B.

It is the legal principle used by a court to decide a case which is binding upon lower courts called upon to decide a similar case.

C.

It is a statement of law made “by the way” which is not binding on future courts which are called upon to decide a similar case.

D.

It is a statement of law made “by the way” which is binding on future courts which are called upon to decide a similar case.

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Questions 12

Demonstrating an attitude of esteem, deference, regard or admiration of others reflects the personal quality identified by the CIMA Code of Ethics as:

Options:

A.

Responsiveness

B.

Reliability

C.

Reverence

D.

Respect

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Questions 13

Which of the following statements is correct? 

(i) In the event of a conflict between English Law and European Law, English Law prevails.

(ii) The Supreme Court is the highest court in the United Kingdom.

(iii) The High Court is bound by a ratio decidendi of the Supreme Court.  

Options:

A.

(ii) and (iii) only

B.

(i) and (iii) only

C.

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

D.

(i) and (ii) only

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Questions 14

Which of the following statements is correct?

(i) An employer may rely on information discovered after an employee ' s dismissal to justify a wrongful dismissal.

(ii) An employer may rely on information discovered after an employee ' s dismissal to justify an unfair dismissal.

(iii) An employment tribunal will take into account the employee ' s conduct when determining how much compensation for unfair dismissal to award.   

Options:

A.

(i) only

B.

(i) and (ii)

C.

(i) and (iii)

D.

(iii) only

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Questions 15

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 16

S Ltd has an issued share capital of 1000 ordinary shares of £1 each.  Some of the shareholders would like to change the name of the company.  What is the minimum number of votes which must be cast in favor of the resolution to make it effective?

Options:

A.

501

B.

500

C.

750

D.

1,000

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Questions 17

Y is completing an internal audit work on the system to approve suppliers to JKL Company. Which of the following would NOT promote a sustainable approach to the company ' s relationship with it\suppliers?

Options:

A.

Each supplier must comply with JKL ' s policy on limiting non-recyclable packaging to 10% of total packaging per contract

B.

Haulage firms must demonstrate that they have a policy to reduce emissions from their fleet

C.

Each year approval as a supplier to the company will only be granted if the prices paid to the supplier are reduced by 1%

D.

Preference will be given to local suppliers over those located at a greater distance from the company

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Questions 18

Acting diligently and in accordance with applicable technical and professional standards demonstrates the CIMA Code of Ethics fundamental principle of:

Options:

A.

Responsibility

B.

Professional competence and due care

C.

Objectivity

D.

Respect

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Questions 19

In resolving an ethical dilemma, which of the following would NOT be a useful approach to take when focusing on finding an ethical solution?

Options:

A.

Asking yourself whether the possible solutions are legally acceptable

B.

Testing the issue against CIMA ' s Code of Ethics

C.

Asking colleagues for their advice

D.

Identifying whether the possible solutions would make you more or less popular with colleagues

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Questions 20

Which of the following requires the approval of 75% of all the company ' s shareholders who are entitled to vote?

Options:

A.

A written special resolution

B.

A special resolution

C.

A written ordinary resolution

D.

An ordinary resolution

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Questions 21

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?

Options:

A.

Integrity

B.

Objectivity

C.

Confidentiality

D.

Professional behavior

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Questions 22

Which of the following is not valid consideration?

Options:

A.

Payment to be made upon delivery of the goods.

B.

Payment handed over at the time of the contract.

C.

Past consideration.

D.

A promise to make an early repayment of a debt.

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Questions 23

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 24

Louis is the only director in MNO Ltd. Max, Nick and Olga each hold one third of the issued share capital of the company. Louis has proposed an amendment to the company ' s Articles of Association. Which of the following is correct?       

Options:

A.

The Articles may only be changed if Max, Nick and Olga vote in favor of the proposal.

B.

The Articles may be changed if any two of the shareholders vote in favor of the proposal.

C.

The Articles may be changed if any one of the shareholders votes in favor of the proposal.

D.

The Articles may be changed if Louis and any one of the shareholders vote in favor of the proposal.

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Questions 25

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 judgments "

Options:

A.

Integrity

B.

Objectivity

C.

Professional competence and due care

D.

Professional behavior

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Questions 26

Which of the following is correct?

Options:

A.

A special resolution may be passed by 51% of the shareholders who are present voting in favor of the proposal either in person or by proxy.

B.

A special resolution may be passed by 75% of the shareholders who are present voting in favor of the proposal either in person or by proxy.

C.

A special resolution may only be passed by 75% of all the company ' s shareholders voting in favor of the proposal either in person or by proxy.

D.

A special resolution may only be passed by all the company ' s shareholders voting in favor of the proposal either in person or by proxy.

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Questions 27

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 28

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 29

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 30

F knows from preparing the accounts that the company she works for is going to have to make redundancies due to the recession.  She also knows that, despite the recession, the Managing Director continues to enjoy lavish perks and even uses a private jet. What should she do?

Options:

A.

Do nothing: Professionally, Mrs F is bound to respect the confidentiality of the information she has received

B.

Go to the press: Mrs F has a duty to report this in the public interest and the interest of the staff who will be made redundant

C.

Resign: F cannot carry on working at a company which is so unethical

D.

Leak the information: that way F ' s conscience will be clear but the information won ' t be traced back to her

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Questions 31

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 32

According to the CIMA Code of Ethics, a professional accountant should not be associated with reports, returns, communications or other information where they believe that the information:

Options:

A.

Contains a materially false or misleading statement

B.

Contains statements or information furnished recklessly

C.

Omits or obscures information required to be included where such omission or obscurity would be misleading

D.

All of the above

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Questions 33

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

Options:

A.

An employee ' s gross misconduct.

B.

Lack of qualification.

C.

An employee ' s pregnancy.

D.

Contravention of a statute.

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Questions 34

Which of the following is correct?

(i) A contract of guarantee is unenforceable unless it is evidenced in writing.

(ii) A contract to sell land must be in writing.

(iii) A contract of employment must be in writing.

Options:

A.

(i) and (ii) only

B.

(i) and (iii) only

C.

(ii) and (iii) only

D.

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

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Questions 35

You work for a clothing retailer. Which of the following corporate issues is NOT related to ethics or social responsibility?

Options:

A.

Sweatshop labor

B.

Whether your clothes appeal to your target markets

C.

Knowingly selling fake versions of this season ' s high profile designer clothes

D.

The use of natural or organic material in your clothes

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Questions 36

S is management accountant for a small retail company. The company ' s financial year is due to end in a few weeks. The company is making losses and S is concerned that it may become short of funds in the next few months. The Finance Director has told S that the Board is aware of the problem, so no further action is required from S.

 

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

Options:

A.

Do as requested

B.

Challenge the request

C.

Ask for confirmation in writing from the director

D.

Bring the matter to the attention of the Managing Director

E.

Ask for advice from the company ' s external auditors

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Questions 37

Which of the following is correct?

(i) The first directors are appointed upon the incorporation of the company.

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

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

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 38

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 39

Brian is the registered owner of 500 shares in Exe Ltd.  Which of the following statements is correct?

Options:

A.

Brian is only contractually bound to Exe Ltd in respect of the provisions contained in the company ' s Articles of Association.

B.

Brian is only contractually bound to Exe Ltd and the other present shareholders of the company in respect of the provisions contained in the company ' s Articles of Association.

C.

Brian is only contractually bound to Exe Ltd and the present directors in respect of the provisions contained within the company ' s Articles of Association.

D.

Brian is contractually bound to Exe Ltd and the present and future shareholders in respect of the provisions contained within the company ' s Articles of Association.  

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Questions 40

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 41

The Remuneration Committee is recognised as a board sub-committee under the Corporate Governance Code Which of the following are objectives of the Remuneration Committee?

1. The Committee should be, and should be seen to be, independent with access to its own external advice or consultants

2 The Committee is required to establish and agree pension provision for all board members

3. The Committee ' s reporting is clear, concise and gives the reader of the annual report a bird ' s eye view of policy payments and the rationale behind

them

Options:

A.

2 only

B.

1 and 3 only

C.

2 and 3 only

D.

1 only

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Questions 42

Section 13 of the Sale of Goods Act 1979 implies a condition into contracts for the sale of goods that the goods supplied will correspond to the description.  What remedies are available to the innocent buyer in the event of a breach of Section 13?

Options:

A.

The buyer is entitled to damages only

B.

The buyer has the option of retaining the goods and claiming damages or repudiating the contract and claiming damages

C.

The contract between the buyer and the seller is automatically cancelled

D.

The buyer is entitled to specific performance of the contract

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Questions 43

Which of the following are not owed duties by the directors? 

(i) The company as whole.

(ii) Individual shareholders.

(iii) All the present and future shareholders.

Options:

A.

(i) and (ii) only

B.

(ii) only

C.

(ii) and (iii) only

D.

(iii) only

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Questions 44

Which of the following is NOT one of the ' seven principles of public life ' , as defined by the Committee of Standards in Public Life?

Options:

A.

Integrity

B.

Objectivity

C.

Confidence

D.

Openness

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Questions 45

Which of the following would comply with best practice in accordance with the UK Corporate Governance Code in relation to Board conduct?

Options:

A.

The Board of SSS a public company limited by shares, consists of four executive directors and five non-executive directors. The Board is headed by Mr I who is both CEO and Chairman The non-executive directors do challenge the strategic direction of the company and their opinions are considered and acted upon

B.

The Board of TSD, a public company limited by shares, consists of four executive directors and three non-executive directors. The Chairman, Mr C is the brother of the CEO Miss K The board meets ten times a year The board meetings are dominated by the siblings but the final decision is generally taken by the CEO

C.

The Board of END, a public company limited by shares, consists of four executive and five non-executive directors. The Board is headed by its Chairman, Miss A and the CEO is Miss B. The board has developed clear divisions of responsibility and consequently only meets in full once a year to approve the financial statements

D.

The Board of DDE, a public company limited by shares, consists of four executive and five non-executive directors The Board is headed by its Chairman Mr A and the CEO is Mr H. The board meets ten times a year. The non-executive directors do challenge the strategic direction of the company and their opinions are considered and acted upon

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Questions 46

What is the legal meaning of the word “simple” in the expression “valid simple contract”?

Options:

A.

The consideration for the contract is less than £5,000

B.

There are 5 or fewer parties to the contract

C.

The contract has no implied term

D.

The contract does not have to be in any particular form

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Questions 47

Which of the following causes a charge to be void?

(i) A failure to register the charge at Companies House within 21 days of its creation.

(ii) A failure to register the charge at the company ' s registered office.

(iii) The issue of a charge to secure borrowing which is outside the directors ' authority 

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

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

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Questions 48

S contracted to buy a portable television from AB (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? 

(i) It is a criminal offence to attempt to exclude the term as this is a consumer sale.

(ii) The clause is void unless it can be shown to be reasonable.

(iii) The clause is void.

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (iii) only

D.

(iii) only

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Questions 49

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

Options:

A.

Integrity

B.

Objectivity

C.

Confidence

D.

Professional behavior

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Questions 50

Which of the following most accurately describes the ratio decidendi?

Options:

A.

It is a statement of law by a court which is binding on all higher courts which are called upon to decide a similar case.

B.

It is a statement of law by a court which is not binding on lower courts which are called upon to decide a similar case.

C.

It is a statement of law by a court which is binding on all lower courts which are called upon to decide a similar case.

D.

It is a statement of law by a court which is binding on all future courts which are called upon to decide a similar case.  

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Questions 51

Zed plc contracted to build an apartment block for Exe Ltd. Which of the following would provide Zed with a valid excuse not to proceed with the contract?

(i) A key employee who was to manage the project has resigned.

(ii) The price of the materials to be used by Zed plc have increased to such an extent that the building can only be completed at a loss to Zed plc.

(iii) Planning permission has been refused.  

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(iii) only

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Questions 52

One of your colleagues has just been poached by a competitor. You have reason to suspect that he has provided his new employer with sensitive information about your company that could disadvantage your employer. This affects the CIMA Code of Ethics fundamental principle of:

Options:

A.

Responsibility

B.

Respect

C.

Confidentiality

D.

Cooperation

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Questions 53

How can a company help employees make the right decision when faced with a difficult situation?

Options:

A.

Offer guiding values and principles to underpin decision-making

B.

Threaten them with disciplinary procedures

C.

Give them a rule book

D.

Have a strong rules-based culture

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Questions 54

Tee Ltd placed some computers in its shop window with a notice which reaD. " Special offer. Internet-ready computers for sale at £400. "

 

Which of the following is correct? 

(i) The notice amounts to an invitation to treat.

(ii) When a customer called in to the shop and offered £350 for one of the computers, he had made a counter offer.

(iii) The shop is obliged to sell a computer to anyone who can pay the price.

Options:

A.

(i) and (ii) only

B.

(i) only

C.

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

D.

(ii) only

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Questions 55

Which of the following CANNOT be carried out by a simple contract? 

Options:

A.

A contract for the sale of a motor car.

B.

A contract of employment.

C.

A contract for the sale of land.

D.

A contract for the provision of services.

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Questions 56

Which of the following are primary sources of Shari ' ah law?

(i) The Sunnah

(ii) The Qur ' an

(iii) Rules agreed unanimously by the disciples of Mohammad

Options:

A.

(i) only

B.

(i) and (iii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 57

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 58

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

Options:

A.

Integrity

B.

Respect

C.

Objectivity

D.

Confidentiality

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Questions 59

Regarding auditor remuneration, a self-interest threat to professional competence and due care is created if

Options:

A.

a gift from a client is accepted

B.

the competitive fee quoted did not recognize the complexity of the assignment

C.

the auditor accepts a referral of a new client from an existing client

D.

a professional accountant in public practice solicits new work through advertising or other forms of marketing

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Questions 60

Agency theory is often cited as an explanation for the development of corporate governance Which TWO of the following statements are correct?

Options:

A.

Agency theory assumes that the goals of the managers of the company are the same as the owners of the company

B.

Agency theory requires that the managers of the company act in the interests of the owners of the company

C.

Agency theory assumes that the goals of the managers of the company are different from the owners of the company

D.

Agency theory explains the issues which arise from the separation between the owners of the company and those who control it

E.

Agency theory defines the problems that arise from the dependency of an organisation on resources

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Questions 61

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 62

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 63

Which of the following remedies is not available for a breach of a contract to provide personal services?

Options:

A.

Damages.

B.

A decree of specific performance.

C.

An injunction.

D.

Rescission.

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Questions 64

Which of the following is INCORRECT in relation to business names?

Options:

A.

The business name of a private company limited by shares must end in “Limited” or “Ltd”.

B.

Both public and private companies may use a business name.

C.

If a business name is used, the name of the proprietor must be stated on business correspondence and at the premises where the business is carried on.

D.

If a business name is used which is the same or very similar to that of an existing business, an action in the tort of passing off may be brought by the existing business.

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Questions 65

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 66

Charles is one of the three directors of Cee Ltd. The company has recently agreed to purchase Charles ' house at its market value of £250,000. Which of the following is correct?

Options:

A.

The purchase is unlawful as a company cannot contract with one of its own directors.

B.

Charles need not formally disclose his interest as he is in a minority on the board.

C.

The purchase must be approved by the shareholders passing an ordinary resolution.

D.

Charles is not entitled to vote as a shareholder to approve the purchase.

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Questions 67

Being straightforward and honest in all professional and business relationships demonstrates the CIMA Code of Ethics fundamental principle of:

Options:

A.

Objectivity

B.

Transparency

C.

Confidentiality

D.

Integrity

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Questions 68

How many fundamental principles are identified by the CIMA Code of Ethics?

Options:

A.

Three

B.

Four

C.

Five

D.

Six

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Questions 69

Which of the following is correct? 

(i) The Court of Appeal is bound by obiter dicta of the Supreme Court.

(ii) The High Court is bound by a Supreme Court ratio decidendi.

(iii) A ratio decidendi of the Court of Appeal is binding on the High Court.

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

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

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Questions 70

Which of the following is a civil action? 

i. An action by a local authority against a restaurant for selling impure food.

ii. An action by a taxpayer against Her Majesty ' s Revenue and Customs (“HMRC”) in relation to an expenses claim which has been refused by the Inspector of Taxes.

iii. An action by Exe Ltd against Zed Ltd for supplying equipment which was found to be dangerous.

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (ii) only

D.

(i) and (iii) only

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Questions 71

A distinguishing mark of the accountancy profession is its acceptance of the responsibility to act in the public interest Therefore:

Options:

A.

the public interest will always be served if an accountant complies with his or her employer ' s corporate ethical policies

B.

frauds which are detected in an audit must be reported to the public

C.

a professional accountant ' s responsibility is not exclusively to satisfy the needs of an individual client or employer

D.

professional accountants must be prepared to break laws that they consider to be against the public interest

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Questions 72

Which ONE of the following statements is incorrect? Ethical standards are:

Options:

A.

Required of professional accountants by UK legislation

B.

Required of professional accountants by CIMA

C.

Part of good accounting practice

D.

Designed to encourage ethical behavior

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Questions 73

Wye has borrowed £10,000 from Exe and the loan has now become repayable in full.  Exe has received a cheque from Wye for £9,000 stated to be “in full and final settlement of the loan.” What is the position if Exe cashes the cheque?

(i) Exe will have accepted £9,000 in full and final settlement and will not be able to claim the other £1,000 from Wye.

(ii) Exe is legally entitled to cash the cheque and pursue Wye for the balance of £1,000.

(iii) Exe will have accepted £9,000, but at law payment of less than the amount due cannot satisfy the full debt. 

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(ii) and (iii) only

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Questions 74

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 75

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 76

Which of the following does NOT discharge a contract?

(i) Self-induced frustration.

(ii) Performance of the parties ' obligations under the contract apart from minor defects

(iii) The insolvency of one of the parties making it impossible for him to pay the contract price.

Options:

A.

(i) only

B.

(i) and (iii) only

C.

(ii) only

D.

(ii) and (iii) only

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Questions 77

Which of the following courses of action is NOT part of the process that the CIMA Code of Ethics expects of professional accountants in resolving an ethical conflict?

Options:

A.

Determine the appropriate course of action that is consistent with the fundamental principles identified

B.

Evaluate the consequences of each possible course of action

C.

Consult with other appropriate persons within the firm or employing organization for help if the matter remains unresolved

D.

Proceed with the course of action that would do least damage to a professional accountant ' s career prospects

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Questions 78

Which of the following is correct?

(i) A liquidated damages clause will be void if it amounts to a penalty clause.

(ii) A liquidated damages clause will apply where it is a genuine attempt to pre-estimate the loss caused by a breach of contract.

(iii) A liquidated damages clause is void if it is for an amount in excess of the actual loss caused by the breach of contract. 

Options:

A.

(i) and (ii) only

B.

(ii) only

C.

(i), (ii) and (iii)

D.

(iii) only

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Questions 79

Which THREE of the following may be external stakeholders in the activities of a nuclear power station?

Options:

A.

The government

B.

Finance providers

C.

Employees

D.

Environmental pressure groups

E.

Suppliers

F.

Local residents

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Questions 80

Which of the following is incorrect?

Options:

A.

An invitation to treat is a call to start negotiations.

B.

A person must know of an offer before he can accept it.

C.

An acceptance is ineffective unless it is communicated to the offeror by the offeree personally.

D.

An agreement is not binding in English law unless it is supported by consideration or contained in a deed.  

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Questions 81

Which ONE of the following resolutions is no longer legally effective?

Options:

A.

An elective resolution

B.

A special resolution

C.

An ordinary resolution

D.

A written resolution

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Questions 82

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

Options:

A.

The establishment of a risk committee

B.

The separation of the roles of Chairman and Chief Executive

C.

The identification of an independent director as primary shareholder contact

D.

The appointment of independent non-executive directors to the Board

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Questions 83

A advertised his van for sale in the local newspaper at a price of £5,000.

 

In which of the following situations is a contract between A and B created?

Options:

A.

B wrote to A accepting his offer to sell the van for £5,000.

B.

B wrote to A and offered to buy the van at £4,800. B stated “if I hear no more from you in the next three days I shall assume that you agree to sell the van to me at that price.”  Three days have now passed and B has heard nothing from A.

C.

B offered to buy the van for £4,800. A wrote to B accepting his offer. B wrote back stating: “payment will be made over three months.”

D.

B offered to buy the van for £4,500. A wrote to B accepting his offer but later changed his mind and sent an email to B withdrawing his acceptance. The email was read by B before he read A ' s letter of acceptance.

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Questions 84

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 85

Exe Ltd includes the following provisions in its Articles of Association. If Exe Ltd acted in breach of these clauses, identify which would not be enforceable against the company as a breach of contract.

Options:

A.

Shareholders shall be paid dividends in cash.

B.

All shareholders are entitled to attend and vote at general meetings of the company.

C.

Tom (a shareholder) shall be the company ' s managing director for life.

D.

Shareholders wishing to sell their shares shall offer them to the company which will purchase them at a fair price as determined by the auditors.

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Questions 86

D is the chief executive of a UK-based mining company which has operations across the world and, in some countries, employs children. Child workers are only permitted to undertake certain tasks that are deemed to be safe and not physically demanding. Endorsed by his board of directors, D argues that it is better for children in poor countries to have the option of fairly paid work than to risk starvation or be forced into prostitution or criminality. A national newspaper publishes the story and gets an unprecedented number of UK voters to sign a petition for government to intervene and stop these practices. This is an example of a tension between:

Options:

A.

Personal and professional values

B.

Corporate and societal values

C.

Corporate and professional values

D.

None of the above

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Questions 87

Which of the following statements is correct?

Options:

A.

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

B.

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

C.

An employer is vicariously liable for all torts committed by employees and independent contractors.

D.

An employer is vicariously liable for all the acts committed by employees and independent contractors.

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Questions 88

Which THREE of the following are characteristics of Limited Liability Partnerships ( " LLPs " )?

Options:

A.

LLPs can enter into contracts in their own name

B.

LLPs have no perpetual succession

C.

An LLPs partners are jointly and severally liable for the debts of the LLP

D.

LLPs can hold property in their own name

E.

LLPs are usually created by formal registration under statute

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Questions 89

If financial statements give a true and fair view, then they:

Options:

A.

are guaranteed to be free from material misstatement

B.

are prepared in a timely manner for the benefit of the users

C.

indicate that the entity has been managed properly through the period under review

D.

faithfully present the financial position and performance of an entity on the dates being reported

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Questions 90

The articles of association of Zed Ltd provide that Z is to be an executive director for life. Zed is also a shareholder in the company.

Which ONE of the following is CORRECT?

Options:

A.

Despite the provision in the articles Z can be dismissed at any time by an ordinary resolution.

B.

As an executive director Z is an employee of Zed Ltd and is entitled to employment protection rights.

C.

Z may sue the company for breach of contract in respect of the provision in the articles of association as they form a contract between the members and the company.

D.

Z is entitled to vote as a shareholder in relation to a proposed resolution to dismiss him as a director.

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Questions 91

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 92

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 93

Which of the following need to be proved in order for there to be a misrepresentation? Select ALL that apply.

Options:

A.

A false representation of the facts.

B.

Made by one party to the other before any contract is made.

C.

An inducement to mislead one party into entering the contract.

D.

Distortion of facts.

E.

More than two parties were involved.

F.

There was at least one witness when the misrepresentation occurred.

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Questions 94

If a claim for unfair dismissal is successful, which of the following orders can be made by an employment tribunal?

i. re-instatement

ii. re-engagement

iii. compensation

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 95

Ethical dilemmas can arise where there is tension between:

Options:

A.

Societal and professional values

B.

Professional and corporate values

C.

Corporate and personal values

D.

All of the above

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Questions 96

Which of the following is NOT a correct distinction between shares and debentures?

Options:

A.

If a company is in insolvent liquidation debenture holders are paid in priority to shareholders.

B.

Unlike dividends, debenture interest must be paid, even if a company is trading at a loss.

C.

Both share and debenture holders are members of the company and entitled to vote.

D.

Debenture interest is deductible from gross profit in order to determine taxable profit. Dividends are profits.

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Questions 97

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 98

Which TWO of the following are examples of safeguards that may increase the likelihood of identifying or deterring unethical behavior?

Options:

A.

Effective, well publicized complaints systems operating by the employing organization, the profession or a regulator

B.

A company policy stating that ethics is discretionary and it is for individuals to decide on their standards of behavior

C.

An explicitly stated duty to report breaches of ethical requirements

D.

Leadership of an organization that establishes the expectation that members of an assurance team will act solely in their employer ' s interest

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Questions 99

Which ONE of the following most accurately describes corporate governance?

Options:

A.

It is a code of best practice which instructs directors of listed companies how to maximise profits for the benefit of shareholders

B.

It is a body of law, morals and ethics designed to ensure that the shareholders of listed companies are treated fairly by the board

C.

It is the body of rules and ethics primarily concerned with the effective control, business efficacy and accountability of the management of public-listed companies for the benefit of stakeholders

D.

It is the set of rules contained in the constitution of listed companies which governs the relationship between the board and the shareholders

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Questions 100

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 101

Compliance is

Options:

A.

Doing the right thing because it is the right thing to do

B.

Doing the right thing because you have to

C.

A way of building trust

D.

A matter of judgment

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Questions 102

S is assistant management accountant for a large telecommunications company. S has become aware that the company is offering different levels of discount to different corporate customers. 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 S ' s concern, and said that such a situation was ' perfectly normal ' .

 

Which ONE 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 auditors

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Questions 103

Miss B is working closely with Mr L to deliver an important report on the efficiency of Mr L ' s department.  They have had to work late together several times, and last night they went out to dinner afterwards.  Miss B is starting to think she may have feelings for Mr L. Could her independence be called into question?

Options:

A.

Yes, her feelings could be influencing her independence of mind

B.

No, she is not actually dating Mr L so her independence of appearance is not compromised

C.

No, provided she does not act on her feelings and continues to be professional

D.

Yes, having dinner with a work colleague can affect her independence of appearance

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Questions 104

In which THREE of the following situations might professional accountants be required or permitted to disclose confidential information relating to their employer?

Options:

A.

When directly asked for information by a potential investor in the business

B.

When wishing to discuss an ethical problem with friends and colleagues from outside the organization

C.

Where production of documents is required in the course of legal proceedings

D.

Where disclosure is permitted by law, and authorized by the employer

E.

To comply with the quality review of a professional body

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Questions 105

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 106

Which of the following will NOT as a general rule amount to consideration?

Options:

A.

A promise to carry out an existing contract.

B.

A promise to pay the amount due at an early date.

C.

A promise to do more than was originally agreed.

D.

A promise to do an act in return for payment.

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Questions 107

In relation to the law of misrepresentation, which of the following statements is incorrect?     

Options:

A.

In general, silence cannot amount to a misrepresentation.

B.

A misrepresentation is not actionable unless it induced the claimant to contract.  

C.

An honest statement of opinion by a layman cannot amount to a misrepresentation.

D.

A person cannot be liable for misrepresentation, if the truth of the statement could be determined by the misrepresentee making reasonable enquiries.

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Questions 108

Which of the following is correct?

(i) Purchasing a " shelf company " enables business to commence more quickly.

(ii) It is generally cheaper to purchase a " shelf company " , than to arrange for a solicitor or accountant to register a new company.

(iii) Incorporating a company by registration enables the company ' s documents to be drafted to the particular needs of the incorporators.  

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 109

Which ONE of the following statements is correct in relation to the UK Corporate Governance Code?

Options:

A.

If the Code is ignored by any company, no action may be taken as it has no legal status

B.

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

C.

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

D.

If a listed public company fails to produce a report explaining why it has not implemented the Code ' s recommendations, it has acted in breach of the Code

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Questions 110

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 111

While working as an accountant, you are asked to overlook certain irregularities in your company ' s accounts. This is likely to result in tensions described by which TWO of the following four options:

Options:

A.

Personal and societal values

B.

Personal and corporate values

C.

Professional and corporate values

D.

Professional and societal values

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Questions 112

Advocacy threats to compliance with fundamental principles are described as threats that may occur

Options:

A.

as a result of the financial or other interests of a professional accountant or of an immediate or close family member

B.

when a previous judgment needs to be re-evaluated by the professional accountant responsible for that judgment

C.

when a professional accountant promotes a position or opinion to the point that subsequent objectivity may be compromised

D.

when, because of a close relationship, a professional accountant becomes too sympathetic to the interests of others

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Questions 113

Which of the following statements is correct?

Options:

A.

A claim in respect of " wrongful trading " may only be brought by the liquidator against a director or a shadow director of the company.

B.

A claim in respect of " wrongful trading " may only be brought by a creditor of the company against a director or shadow director of the company.

C.

A claim in respect of " wrongful trading " may only be brought by the liquidator against a shareholder, director or shadow director of the company.

D.

A claim in respect of " wrongful trading " may only be brought by the shareholders against a director or shadow director of the company.

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Questions 114

Which of the following statements is correct regarding dismissal?

Options:

A.

An employee who has been unfairly dismissed may claim compensation

B.

An employee who has been dismissed because of membership of a trade union has been wrongfully dismissed

C.

An employee who has been wrongfully dismissed may claim damages and reinstatement

D.

An employee who is dismissed without the correct notice has been unfairly dismissed

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Questions 115

Which of the following is not a legal person?

Options:

A.

A private limited company.

B.

A sole trader.

C.

A public limited company.

D.

A firm of accountants.

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Questions 116

Which of the following is INCORRECT in relation to Shari ' ah law?

i. Shari ' ah law is intended to provide for a person ' s spiritual well-being but is not concerned with secular matters.

ii. The Sunnah is one of the primary sources of Shar ' iah law.

iii. The salat (daily prayers) is one of the Five Pillars of Islam.    

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (ii) only

D.

(iii) only

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Questions 117

Which of the following terms can be defined as follows?

 

" ...the way an organization manages its relationships "

Options:

A.

Ethics

B.

Social responsibility

C.

Corporate governance

D.

Professional behavior

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Questions 118

Which of the ' fundamental principles ' of CIMA ' s Code of Ethics is defined as follows?

 

" A professional accountant should comply with relevant laws and regulations and should avoid any action that discredits the profession "

Options:

A.

Integrity

B.

Objectivity

C.

Professional competence and due care

D.

Professional behavior

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Questions 119

B agreed in his contract that he would not work for a competitor of Gee Ltd for a period of 12 months after leaving the company ' s employment. On leaving Gee Ltd, B worked for Zed Ltd, a competitor of Gee Ltd. If the restriction in B ' s contract with Gee Ltd should be found to be reasonable, which of the following remedies is Gee Ltd entitled to? 

(i) A decree of specific performance forcing B to comply with his contract with Gee Ltd.

(ii) Damages in respect of any loss caused by B ' s breach of contract.

(iii) An injunction to stop B working for Zed Ltd. 

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 120

Which of the following best describes " independence of mind " as referred to in CIMA ' s Code of Ethics

Options:

A.

It separates a professional accountant from the rest of society

B.

It ensures a professional accountant always tries to avoid any action which discredits the profession.

C.

It permits the expression of a conclusion without being affected by influences that compromise professional judgement

D.

It ensures a professional accountant is straightforward and honest in all professional and business relationships

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Questions 121

Which of the following statements are correct in relation to an offer?

1. An offer may be made to the whole world

2. An offer cannot be withdrawn until the offeree has had the opportunity of accepting or rejecting the offer.

3. An item in a shop window marked " Special Offer " is not an offer in law.

Options:

A.

1 and 2 only

B.

1 and 3 only

C.

1 only

D.

2 only

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Questions 122

Which of the following is INCORRECT in relation to a claim for wrongful dismissal?

Options:

A.

A claim for wrongful dismissal is barred after 3 months.

B.

There is no requirement for a qualifying period of continuous employment.

C.

Damages for wrongful dismissal may be awarded by an employment tribunal.

D.

Evidence of serious misconduct discovered after the employment has ceased is admissible as part of the employers ' defence.

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Questions 123

Which of the following statements is correct in relation to equity?

 (i) Equity was developed by the Court of Chancery

(ii) Equitable maxims were developed by lawyers

(iii) In the event of a conflict between equity and the common law, equity prevails  

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(i) and (iii) only

D.

(i), (ii) and (iii)

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Questions 124

The International Accounting Education Standards Board has published a document titled " Approaches to the Development and Maintenance of Professional Values, Ethics and Attitudes in Accounting Education Programs ' " , which provides guidance about the personal qualities needed by accountants to meet the expectations of the public

The particular qualities which it identifies are

Options:

A.

responsibility, accountability, timeliness, independence and respect

B.

reliability, responsibility, timeliness, independence and respect

C.

responsibility, accountability, courtesy, independence and respect

D.

reliability, responsibility timeliness, courtesy and respect

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Questions 125

Which of the following identifies criminal as opposed to civil proceedings? 

Options:

A.

The case was heard by the Supreme Court.

B.

The case was proved beyond reasonable doubt.

C.

The case was brought by a claimant.

D.

The case resulted in an award of damages.

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Questions 126

Which of the following statements is correct in relation to the civil law?

Options:

A.

All civil cases commence in the County Court.

B.

A breach of the civil law does not enable an injured party to claim compensation.

C.

A person may be prosecuted for a breach of the civil law.

D.

A tort is a civil wrong.

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Questions 127

You work for a chain of coffee shops who are proud of their sustainable credentials and have used their claim to recycle all of their disposable cups as part of their brand identity. An audit has revealed that staff in one region (West) are mixing these cups into normal waste and sending them to landfill in spite of the ethical code of practice of the company

Which TWO of the following might explain why the code has failed to promote the desired behavior?

Options:

A.

The regional manager has been actively promoting expanded green programs through a Green West is Best initiative which has involved all store managers and teams in the West region

B.

The induction programmer for new staff has been recently updated and the section on recycling procedures has been inadvertently dropped. The initial staff training is done in the store through shadowing experienced staff for a month before any tasks are attempted unsupervised

C.

A recent focus on staff efficiency in the West region failed to reflect the time needed to sort the recycle waste from the normal waste at the end of the day. West store managers were rewarded for their recycle rates and these are published in a district league table each quarter.

D.

The regional manager of the West branch has not been checking on the recycling reports which would have highlighted this issue and so there have

been no adverse consequences to the staff concerned

E.

A recent focus on staff efficiency in the West region failed to reflect the time needed to sort the recycle waste from normal waste at the end of the day West store managers and teams were rewarded on efficiency and not recycle rates.

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Questions 128

Which of the following statements refer to the remuneration committee? Select ALL that apply.

Options:

A.

Staffed exclusively by NEDs.

B.

Makes decisions regarding the payment of directors.

C.

Has a responsibility to attract, retain and motivate directors.

D.

Makes decisions regarding the appointment of new directors.

E.

Has a responsibility to monitor and review the effectiveness of the internal audit function.

F.

Makes decisions regarding the appointment, re-appointment and removal of the external auditor.

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Questions 129

Which of the following statements refer to the Sarbanes-Oxley Act?

Options:

A.

Known as Sarbox or SOX

B.

Rules-based approach

C.

Only applies to the US

D.

Established in 1992

E.

Adherence is not compulsory

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Questions 130

Which ONE of the following requires the approval of a simple majority of all the company’s shareholders who are entitled to vote?

Options:

A.

A written special resolution.

B.

A special resolution.

C.

A written ordinary resolution.

D.

An ordinary resolution

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Questions 131

Demonstrating politeness and good manners towards others reflects the personal quality identified by the CIMA Code of Ethics as:

Options:

A.

Correctness

B.

Cohesion

C.

Creativity

D.

Courtesy

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Questions 132

Which of the following are benefits a company might gain from having NEDs on their audit committee? Select ALL that apply.

Options:

A.

Independent review of risk and reporting.

B.

Independence in dealing with auditors.

C.

They are fairly paid (not too high or low).

D.

New directors are fairly appointed.

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Questions 133

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 134

Which of the following is incorrect in relation to the remedy of damages?

Options:

A.

A contract breaker is liable for losses which arise naturally from the breach.

B.

A contract breaker is liable for special losses which are within his contemplation.

C.

Damages will not normally be awarded for the distress caused to the innocent party by the breach.

D.

Damages are designed to compensate the innocent party and to punish the contract breaker.    

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Questions 135

Which of the following statements are correct in relation to the purpose of the OECD principles of corporate governance?

1. The principles are regarded by OECD members as representing a common basis essential for the development of good corporate governance practice

2. The principles are intended to be a substitute for individual government ' s proposals for governance best practice.

3. The principles are intended for the use of OECD members only.

Options:

A.

2 only

B.

1only

C.

1 and 2 only

D.

2 and 3 only

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Questions 136

M ' s client has asked her to ' leave out ' a few figures as he is applying for a bank loan and he wants his management accounts to, in his words, ' look better ' .  If M does as he asks, he promises to pay her double her fee when the loan money comes through. M is tempted by his offer, her mother has been ill and she would love to take her away on holiday. What should she do?

Options:

A.

Tell the client she is unable to do as he asks, but she would be happy to write a letter to the bank explaining his financial position

B.

Tell the client she is unable to do as he asks, but that she knows another accountant who is happy to do that kind of thing

C.

Do as the client asks, after all the banks can afford it

D.

Do as the client asks; her mother ' s health is more important than her professional standing

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Questions 137

Which of the following is presumed not to be intended to create legal relations? 

Options:

A.

A commercial transaction.

B.

An agreement by Exe Ltd to make a gift to Wye Ltd.

C.

A social arrangement.

D.

A contract between father and son.

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Questions 138

A situation has arisen which will involve you participating in transactions which are legally correct but ethically unsound.

 

Which of the following is correct?

 

(i) It is not possible for a transaction to be both legal and ethically unsound.

(ii) As long as the transactions are legal you are acting properly in participating.

(iii) One of the purposes of ethical codes is to guide professionals as to how to behave even when the proposed transactions are legal.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(i) and (ii) only

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Questions 139

Self regulation is based upon:

Options:

A.

Trust

B.

Compliance

C.

Rules

D.

Professional bodies

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Questions 140

Which of the following is correct in relation to a company ' s ability to contract where the company was registered after the Companies Act 2006 was fully implemented?

Options:

A.

The company ' s ability to contract is specified in its objects clause in its memorandum of association.

B.

The company ' s ability to contract is specified in its objects clause in its articles of association.

C.

The company cannot restrict its ability to contract in either its memorandum or articles of association.

D.

The company has unrestricted objects

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Questions 141

Which of the following are listed among the IFAC ' s drivers for sustainable organisational success?

Select ALL that apply.

Options:

A.

Customer and stakeholder focus

B.

Effective leadership and strategy

C.

Integrated governance, risk and control

D.

Innovation and adaptability

E.

Financial management

F.

People and talent management

G.

Operational excellence

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Questions 142

In relation to contractual performance, which of the following is incorrect?

Options:

A.

A person who has substantially performed the contract is entitled to the contract price less so much as is necessary to repair the defects.

B.

If one party is prevented from performing the contract by the other party, he or she may claim compensation on a " quantum meruit " basis.

C.

A person who has carried out part of the contract is always entitled to a part of the contract price.

D.

A person who has carried out all of his contractual obligations is entitled to all of the contract price.

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Questions 143

Which of the following is incorrect?

Options:

A.

A director may be removed from office for any reason by an ordinary resolution.

B.

A special resolution is needed to dismiss a director if the Articles of Association provide that he is to be a director for life.

C.

The company must be given 28 days ' notice of a proposed resolution to dismiss a director.

D.

A director who is under threat of removal has the right to speak at the meeting, whether or not he is a member.

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Questions 144

In the UK, the body responsible for reviewing the regulatory activities of the professional accountancy bodies is:

Options:

A.

The Professional Oversight Board for Accountancy

B.

The International Federation of Accountants

C.

The Financial Reporting Council

D.

The Financial Review Board

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Questions 145

Which of the following statements is INCORRECT? 

i. A contract is a voluntary agreement whereas obligations in the tort of negligence are imposed by the state.

ii. Damages are only available for breach of contract and breach of the tort of negligence if damage, injury or loss has been suffered by the claimant.

iii. A contract breaker is liable whether or not he is at fault whereas to be liable in the tort of negligence the defendant must have been at fault.

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(ii) and (iii) only

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Questions 146

Exe Ltd was under contract to deliver goods by road to London for Wye Ltd for £2,000. After part of the journey was completed the lorry broke down and Wye Ltd was forced to arrange for Zed Ltd to complete the delivery. Subject to the contract not providing for this situation, which of the following is correct?

Options:

A.

Exe Ltd is entitled to part of the delivery fee.

B.

Exe Ltd is entitled to nothing.

C.

Exe Ltd is entitled to a reasonable sum for the work done.

D.

Exe Ltd is entitled to the full £2,000.

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Questions 147

Which of the ' fundamental principles ' of CIMA ' s Code of Ethics is defined as follows?

 

" A professional accountant should be straightforward and honest in all professional and business relationships "

Options:

A.

Integrity

B.

Objectivity

C.

Professional competence and due care

D.

Professional behavior

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Questions 148

ABC plc has acted in breach of its health and safety obligations and this has led to a number of employees and members of the public being injured.  

 

Which of the following is correct?  

The breach could give rise to:  

i. Civil claims on the part of the employees and members of the public

ii. Enforcement action by the Health and Safety Executive

iii. Criminal sanctions against ABC plc

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(i), (ii) and (iii)

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Questions 149

Which of the following are examples of an invitation to treat? Select ALL that apply.

Options:

A.

Goods on display in a shop window.

B.

A billboard advertisement

C.

Goods on display on a supermarket shelf.

D.

A street vendor who offers a passerby a bunch of bananas for £1.

E.

A man who offers to sell his car for £1500 to a potential buyer.

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Questions 150

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 151

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

Options:

A.

Materiality

B.

Integrity

C.

Objectivity

D.

Professional behavior

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Questions 152

X is in the process of setting up a private company limited by shares X is considering including certain provisions in the articles of association. Which of the following provisions would be enforceable by and against the company?

1 Dividend rights of the members

2. Terms relating to bonuses of directors

3. Payment terms of suppliers.

Options:

A.

1 only

B.

1 and 2 only

C.

2 and 3 only

D.

1,2 and 3

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Questions 153

What is a fundamental attribute of a competent accountant?

Options:

A.

Ability to exercise good judgment

B.

Ability to communicate effectively

C.

Ability to calculate correctly

D.

Ability to be efficient

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Questions 154

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 155

In the event of a conflict between European Law and French Law which will prevail?

Options:

A.

French private law

B.

French public law

C.

The French Code Civile

D.

European law

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Questions 156

Which of the ' fundamental principles ' of CIMA ' s Code of Ethics is defined as follows?

 

" A professional accountant should comply with the relevant laws and regulations and should avoid any action that discredits the profession "

Options:

A.

Integrity

B.

Objectivity

C.

Professional competence and due care

D.

Professional behavior

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Questions 157

Which of the following is one of the fundamental principles identified in the CIMA Code of Ethics?

Options:

A.

Constancy

B.

Confidentiality

C.

Contemplation

D.

Conviction

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Questions 158

You work for a company based in a capital city that leases office space to other organizations. Which of the following corporate issues is not related to ethics or social responsibility?

Options:

A.

The energy efficiency of the buildings that you rent out

B.

Honest and transparent contracts with your customers

C.

Whether your buildings provide a safe and secure environment for workers and visitors

D.

Having the prestige of renting out some of a capital city ' s most famous landmarks

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Questions 159

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 160

As a member of the audit team of a large company, J has discovered that one of his close friends is in a part of the business which is going to be sold off, and his friend is likely to face redundancy. What should he do?

Options:

A.

Do nothing: professionally, J is bound to respect the confidentiality of the information he has received

B.

Tell his friend: he has an obligation to his friendship

C.

Leak the information: that way he can let his friend know, but the information won ' t be traced back to J  

D.

Resign: J can ' t carry on working at the company whilst he is personally compromised

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Questions 161

Which of the following is the main legislature within the European Union?

Options:

A.

The Council of the European Union

B.

The European Parliament

C.

The European Court of Justice

D.

The European Commission

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Questions 162

The directors of Zed Ltd issued a number of shares to their supporters, so that they would vote against a takeover bid by Exe Ltd.

 

Which of the following statements is INCORRECT?

Options:

A.

If the shares were issued for cash, they should have first been offered to the existing members in proportion to their current shareholding unless statutory pre-emption rights have been dis-applied.

B.

If the shares were issued for a non-cash consideration, they were not subject to the statutory pre-emption rights of shareholders unless the articles of association so provided.

C.

If the directors had the legal authority to issue shares, the issue cannot be challenged by the shareholders.

D.

The share issue is voidable and the original shareholders may ratify or cancel the issue by ordinary resolution.

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Questions 163

Which ONE of the following business organizations could be used by Tom to carry on a business consultancy on his own account?

(i) A private company limited by shares

(ii) A sole tradership.

(iii) A limited liability partnership

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (ii) only

D.

(i) and (iii) only

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Questions 164

Which of the following does NOT describe the responsibilities of the audit committee?

Options:

A.

The review of the internal audit programme and significant findings of the auditors. The review of the company ' s systems of internal control. The review of the company ' s system to facilitate whistle blowing

B.

The review of the company ' s financial statements and any interim reports produced. The review of the structure, size and composition of the board. The review of the company ' s internal control and risk management system

C.

The discussion with auditors on any significant matters that arose during the audit. The recommendations on the appointment and removal of auditors. The setting of the audit fee in discussion with the auditors.

D.

The review of the company ' s financial statements and any interim reports produced. The review of the company ' s systems of internal controls. The review of the audit report and any management letter provided by the external auditor

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Questions 165

C is a professional accountant He encounters an ethical dilemma in his role and wishes to seek help in resolving it. Which of the following would NOT be an appropriate source of advice?

Options:

A.

The CIMA ethics helpline

B.

Legal advisors.

C.

The external auditors.

D.

The internal whistle-blowing helpline

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Questions 166

Exe Ltd contracted to manufacture and deliver machinery to Wye plc for a price of £100,000. As required by the contract, Wye plc paid a deposit to Exe Ltd of £20,000. In order to fulfil its contract it has been necessary for Exe Ltd to purchase specialist tools and equipment. Before the contract was completed, Exe Ltd ' s factory was destroyed by fire. Neither Exe Ltd nor Wye plc was in any way responsible for the fire.

 

Which of the following is INCORRECT? 

(i) The contract between Exe Ltd and Wye plc has become frustrated.

(ii) The contract may remain enforceable if the parties have agreed a force majeure clause which specifies the repercussions of a factory fire.

(iii) As the deposit was payable before the contract became unenforceable, Wye plc will lose its deposit of £20,000. 

Options:

A.

(i) only

B.

(ii) only

C.

(iii) only

D.

(ii) and (iii) only

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Questions 167

Members of the accountancy profession are expected to demonstrate certain personal qualities and virtues such as ' respect '

Which of the following is an example of the demonstration of the virtue of respect?

Options:

A.

An accountant politely turns down a request to help produce a business plan for a friend who wants to start up a new company which will be a rival firm to their current employer.

B.

When deciding whether or not to move production of a particular product from one site to another, employers listen to the views of a wide range of employees, including those on the factory floor

C.

For several weeks before going on annual vacation, an accountant doubles her normal working hours to ensure that she meets the deadline for the preparation of a set of management accounts.

D.

An accountant agrees to accept calculations provided by his manager relating to a new project, despite having misgivings as to their accuracy. The manager has several years more experience of such projects than him

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Questions 168

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 169

Which TWO of the following are true of the CIMA Code of Ethics?

Options:

A.

It covers every possible dilemma that an accountant might face

B.

It is based on values rather than compliance

C.

It is a financial requirement of accountants

D.

It establishes the fundamental principles of professional ethics for professional accountants

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Questions 170

The body responsible for reviewing the accountancy profession worldwide is:

Options:

A.

The Professional Oversight Board for Accountancy

B.

The International Federation of Accountants

C.

The Financial Reporting Council

D.

The Financial Review Board

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Questions 171

In relation to conditions and warranties, which of the following statements is correct?

Options:

A.

A breach of a condition entitles the party not in breach to claim damages only

B.

To be effective a condition must be expressed in the contract

C.

A warranty may be implied into a contract on the basis of a trade custom.

D.

A breach of a warranty entitles the party not in breach to cancel the contract

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Questions 172

CIMA ' s report on ' Practical Proposals to Improve Corporate Governance Disclosure ' explores a range of ideas Which of the following statements is correct?

Options:

A.

In focusing on improving corporate governance disclosure the skills, experiences and personalities of the board should explain how the board ensures robust decision-making

B.

In focusing on improving corporate governance disclosure the board activities should be linked into key aspects of the corporate performance and strategic development to enable users to evaluate the effectiveness of the board

C.

In focusing on improving corporate governance disclosure the information provided should be standardised to enable shareholders to compare performance with other companies.

D.

In focusing on improving corporate governance disclosure the board should evaluate its own effectiveness by focusing on how its actions have improved profit.

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Questions 173

On the basis of the National Minimum Wages Act 1998, what is the age range for the lowest national minimum wage entitlement?

Options:

A.

workers aged 16-18

B.

workers aged 16-17

C.

workers aged 15-17

D.

workers aged 16-19

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Questions 174

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 175

Danny holds 1%, Edward 2% and Fozia 3% of the issued share capital of Vee Ltd. Which of these shareholders, acting alone or together, hold the minimum percentage to entitle them to require the company to circulate a written statement of their views to all those entitled to receive notice of the forthcoming annual general meeting?     

Options:

A.

Fozia alone.

B.

Danny and Edward.

C.

Edward and Fozia.

D.

Danny and Fozia.

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Questions 176

Which of the following groups is a non-financial as opposed to a financial stakeholder of a company?

Options:

A.

Competitors

B.

Shareholders

C.

Customers

D.

Suppliers

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Questions 177

Being accountable for one ' s actions and decisions reflects the personal quality identified by the CIMA Code of Ethics as:

Options:

A.

Responsibility

B.

Reliability

C.

Respect

D.

Reserve

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Questions 178

In which country are accountants legally required to speak up about certain ethical concerns?

Options:

A.

United Kingdom

B.

Italy

C.

United States of America

D.

China

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Questions 179

The UK Corporate Governance Code is primarily directed at which type of business organization?

Options:

A.

All limited liability business organizations

B.

All business organizations

C.

All private companies

D.

All listed public companies

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Questions 180

Which of the following is INCORRECT in relation to directors ' duties?

Options:

A.

Directors owe a duty to promote the success of the company.

B.

Directors ' duties are codified in the UK Corporate Governance Code.

C.

Directors must act in accordance with the company ' s constitution.

D.

Directors ' duties are owed to the shareholders as a whole.

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Questions 181

How can values become part of a company ' s DNA? Choose TWO of the following options.

Options:

A.

Through leadership and example from the top

B.

Guidance and training for all staff

C.

Through corporate scandals

D.

Through proxy indicators

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Questions 182

Which of the following is an advantage of carrying on a business through the medium of a private company limited by shares?

Options:

A.

The ability to carry on business without holding an annual general meeting

B.

The fact that business can be earned on with a minimum of one company secretary.

C.

The ability to keep the articles of association private

D.

The fact that business can be carried on with a minimum of two directors

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Questions 183

Which of the following governs all public sector employees?

Options:

A.

The Seven Principles of Public Sector Participation

B.

The Seven Principles of Public Enterprise

C.

The Seven Principles of Public Life

D.

The Seven Principles of Public Private Partnership

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Questions 184

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 185

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 186

Which of the following terms can be defined as follows?

 

" ...the generic way that organizations are run "

Options:

A.

Ethics

B.

Social responsibility

C.

Corporate governance

D.

Professional behavior

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Questions 187

How might an organization exercise ethical control over its staff? Select ALL that apply.

Options:

A.

Ensure that hired employees have a strong set of moral values and principles that they take into account when making decisions.

B.

Ensure than an organizational culture is developed and adhered to.

C.

Ensure that the company has its own ethical code that is communicated and followed.

D.

Ensure that all employees adhere to a rules-based approach.

E.

Ensure that all employees adhere to a conceptual framework.

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Questions 188

Which of the following is correct in relation to the UK Corporate Governance 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

Options:

A.

(i) only

B.

(i) and (ii) only

C.

(ii) and (iii) only

D.

(iii) only

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Questions 189

Timmy has just taken over as the managing director of a well-known manufacturing company.

He really wants to do a good job an ensure that the company maintains its positive reputation.

Baring in mind the five key principles of corporate governance, which of the following should Timmy do to ensure he does a good job?

Select ALL that apply.

Options:

A.

Ensure that the company ' s board are all experienced and knowledgable about the company and the manufacturing industry.

B.

Ensure that she duly holds AGMs so that any relevant issues can be discussed.

C.

Ensure the company discloses both financial and non-financial information during its annual report.

D.

Ensure the company discloses financial information only during its annual report.

E.

Ensure that an AGM is held during each financial quarter so that any issues that have risen during the last three months are brought to attention.

F.

Ensure that the company ' s board is as small as possible - a big board makes the decision-making process far too complicated.

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Questions 190

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 191

Which ONE of the following statements is correct?

Options:

A.

Just because everyone bends the rules in practice does not mean they should do so

B.

Everyone bends the rules so it is good practice to do so for the benefit of clients

C.

Just because there are rules does not mean they should be adhered to by everyone

D.

Bending the rules is not the same as breaking them

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Questions 192

An internal auditor discovered evidence of a fraud earned out by an employee who worked in the accounting department. The auditor concluded that the fraud had been possible because of unsatisfactory segregation of duties in the department.

Poor segregation between which of the following duties would provide the best opportunity for this type of fraud to occur?

Options:

A.

Issuing both sales invoices and purchase invoices.

B.

Issuing sates invoices, and recording payments to suppliers in the ledger.

C.

Receiving payments from customers, and recording them in the ledger

D.

Receiving purchase invoices, and banking payments from customers.

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Questions 193

Which of the following are situations in which the accountant is permitted to disclose confidential information?

Select ALL that apply.

Options:

A.

The company is being investigated for legal infringement.

B.

One of the company ' s clients permits the disclosure of their financial records.

C.

A family member wants to know the details of the company ' s clients ' finances.

D.

A similar firm wants to take a look at the company ' s most recent financial report.

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Questions 194

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 195

Which of the following is NOT an essential element of a valid simple contract?

Options:

A.

Agreement.

B.

Written terms.

C.

Intention to create legal relations.

D.

Consideration.

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Questions 196

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

(i) A copy of the resolution and the amended articles must be filed with the Registrar of Companies within 15 days of the date of the resolution.

(ii) The articles of association may be amended by an ordinary resolution with special notice.

(iii) An alteration of the articles cannot discriminate between the majority and minority shareholders.

Options:

A.

(i) only

B.

(ii) only

C.

(i) and (ii) only

D.

(i) and (iii) only

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Questions 197

Which of the following requires the approval of a simple majority of all the company ' s shareholders who are entitled to vote?

Options:

A.

A written special resolution

B.

A special resolution

C.

A written ordinary resolution

D.

An ordinary resolution

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Questions 198

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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Exam Code: BA4
Exam Name: Fundamentals of Ethics, Corporate Governance and Business Law
Last Update: Apr 30, 2026
Questions: 661

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