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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 2Question 55
    Medium2 marksMultiple Choice
    Management, administration and the regulation of companiesSection BSyllabus FCorporate and Business Law

    ACCA · Question 55 · Management, administration and the regulation of companies

    Scenario: 'Quantum Lithography PLC' manufactures microchips. The CEO, David, secretly sets up a rival consulting firm and diverts a lucrative government contract away from Quantum to his new firm. Another director, Fiona, fails to declare her 30% shareholding in a company that Quantum just signed a major supply contract with.

    Question: Which specific statutory duty under the Companies Act 2006 has David breached?

    Answer options:

    A.

    Duty to act within powers (s.171).

    B.

    Duty to promote the success of the company (s.172).

    C.

    Duty to avoid conflicts of interest (s.175).

    D.

    Duty not to accept benefits from third parties (s.176).

    How to approach this question

    Identify the action: taking a corporate opportunity for personal gain. Match this to s.175 CA 2006.

    Full Answer

    C.Duty to avoid conflicts of interest (s.175).✓ Correct
    Under section 175 of the Companies Act 2006, a director must avoid a situation in which they have, or can have, a direct or indirect interest that conflicts, or possibly may conflict, with the interests of the company. This specifically applies to the exploitation of any property, information, or opportunity (such as diverting a contract).

    Common mistakes

    Choosing s.172 (promote success). While technically breached, exam questions look for the *most specific* statutory duty breached, which is s.175.
    Question 54All questionsQuestion 56

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