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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 6Question 56
    Hard2 marksMultiple Choice
    Management, administration and the regulation of companiesManagement, administration and the regulation of companiesDirectors' duties
    This question is part of a case study — click to read the full scenario(Case 55)

    Section B - Scenario 4

    HarvestYield plc is a large agricultural company. The board of directors decides to close a profitable local farm to consolidate operations in a mega-farm 100 miles away. This decision will devastate the local rural economy and cause 50 redundancies. The directors made the decision solely to increase the annual dividend for shareholders.

    Under s.172 of the Companies Act 2006, have the directors breached their duty to promote the success of the company?

    View full case study page →

    ACCA · Question 56 · Management, administration and the regulation of companies

    Section B - Scenario 4

    HarvestYield plc is a large agricultural company. Director Thomas wants to sell his privately owned tractor to HarvestYield plc for £150,000. The company's net asset value is £2 million.

    What is the legal requirement for this transaction under the Companies Act 2006?

    Answer options:

    A.

    It only requires approval by the board of directors.

    B.

    It requires approval by an ordinary resolution of the shareholders because it is a substantial property transaction.

    C.

    It requires a special resolution of the shareholders.

    D.

    The transaction is strictly prohibited by law.

    How to approach this question

    Identify the rules regarding 'substantial property transactions' (s.190) between a company and its directors.

    Full Answer

    B.It requires approval by an ordinary resolution of the shareholders because it is a substantial property transaction.✓ Correct
    Under s.190 of the Companies Act 2006, a company cannot acquire a substantial non-cash asset from a director (or vice versa) without the approval of the shareholders via an ordinary resolution. An asset is 'substantial' if its value exceeds £100,000, or if it exceeds £5,000 and is more than 10% of the company's net asset value. £150,000 exceeds the £100,000 threshold.

    Common mistakes

    Assuming the board of directors can approve the transaction without going to the shareholders.
    Question 55All questionsQuestion 57

    Practice the full ACCA LW — Corporate and Business Law Practice Exam 6

    60 questions · hints · full answers · grading

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