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ACCA F4 Corporate and Business Law (MALAYSIA) PAST YEAR EXAMINATION ANALYSIS J12 A1 Court Structure A2 Sources of Law A3 Human Rights B1 Formation of Contract B2 Content of Contract B3 Discharge and Breach of Contract B4 The Law of Torts B5 Professional Negligence C1 Contract of Employment C2 Dismissal and redundancy D1 Law of Agency D2 Partnerships D3 Corporations and legal personality D4 Company Formation D5 The Company Constitution E1 Share Capital E2 Loan Capital E3 Capital Maintenance rules F1 Company Directors F2 Other Company Officers F3 Company Meetings and resolutions G1 Liquidation of companies G2 Corporate Restructuring H1 Corporate Governance H2 Fraudulent Behaviours

By Alchjaam

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ACCA F4 Corporate and Business Law (MALAYSIA) Syllabus Area: A1, A2, A3 (MALAYSIAN LEGAL SYSTEM) NUMBER OF QUESTIONS IN EXAM: 1 2012 December 2012 June 2011 December 2011 June 2010 December 2010 June 2009 December 2009 June 2008 December 2008 June 2007 December

??? Private Law vs Public Law; Subsidiary Legislation vs Delegated Legislation Human Rights Court Structure; Doctrine of Binding Judicial Precedent Written & Unwritten Law Statutory interpretation Subsidiary Legislation vs Delegated Legislation Human Rights Court Structure Doctrine of Binding Judicial Precedent Subsidiary Legislation vs Delegated Legislation

Syllabus Area: B1, B2, B3, B4 (CONTRACTS LAW AND TORT) NUMBER OF QUESTIONS IN EXAM: 2 2012 December 2012 June 2011 December 2011 June 2010 December 2010 June 2009 December 2009 June 2008 December 2008 June 2007 December

??? Damages, Injunction Specific Performance Postal rule, Specific Performance Exclusion clause, Contra Proferentum Specific Performance Minor Specific Performance, breach of contract Specific Performance, Consideration Postal Rule Certainty, Consideration

??? Consideration Offer vs ITT; Acceptance vs Counter-offer Tort, Tort of Negligence and defamation Minor, Intention to create legal relations Counter-offer Tort of negligence, professional negligence Valid Contract element of Contract Tort vs contract; Tort of negligence Offer vs ITT, revocation of offer

Syllabus Area: C1, C2 (EMPLOYMENT LAW) NUMBER OF QUESTIONS IN EXAM: 1 2012 December 2012 June 2011 December 2011 June 2010 December 2010 June 2009 December 2009 June 2008 December 2008 June 2007 December

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??? Due Inquiry, Remedies for Unfair Dismissal Contract of service vs Contract for service Termination; Constructive Dismissal Remedies for Unfair Dismissal Redundancy; Notice Contract of service vs Contract for service Termination; Due Inquiry Constructive Dismissal; Remedies for Unfair Dismissal Contract of Service and whether it can be made orally; Trade Union Lay-off vs Redundancy

ACCA F4 Corporate and Business Law (MALAYSIA)

Syllabus Area: D1, D2 (AGENCY AND PARTNERSHIP) Agency and partnership questions tend to alternate in every sitting. However, there is no such rule that in every December sitting will be a question based on partnership while every June sitting will be a question based on agency. So, it is still advisable to study both agency and partnership instead of either one.

NUMBER OF QUESTIONS IN EXAM: 1 2012 December 2012 June 2011 December 2011 June 2010 December 2010 June 2009 December 2009 June 2008 December 2008 June 2007 December

??? Duties of agents and principal Liability of retired partner Establishment of agency relationship Dissolution of partnership Actual authority vs Ostensible authority Liability of retired partner Agency by ratification Dissolution of partnership Duties of agent Essential Characteristics of partnership

Syllabus Area: D3 – H2 (COMPANY LAW) NUMBER OF QUESTIONS IN EXAM: 5   

At least ONE question on Syllabus F1, F2, F3 (Company directors, secretaries, auditors and meetings). At least ONE question on D2, D3, D4 (Company formation, legal personality, constitution) The rest of the 3 questions will be from any parts of the syllabus from: D3 to H2.

By Alchjaam

ACCA F4 Corporate and Business Law (MALAYSIA)

TOPICS TO FOCUS IN DECEMBER 2012 SITTING

*** NOTE: Focus means to put more emphasis on certain topics and this does not mean that the rest of the syllabus can be neglected. It is advisable for you to finish ALL parts of the syllabus before using the guide below at your own risk. There is no guarantee that these topics will come out in the exam.

Malaysian Legal System

Employment Law Agency & Partnership Contracts Law

Company Law

GOOD LUCK 

By Alchjaam

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Statutory interpretation (Literal rule, golden rule, mischief rule, ejusdem generis rule) The process of making law Written vs Unwritten law Doctrine of binding judicial precedent Court Structure Differences between lay off vs redundancy; Notice Termination; Constructive Dismissal Essential Characteristics of partnership Duties and authority of partner in relations to partnership activity Law of Torts, especially on professional negligence Contracts Law – ALL (Please study all topics in Contracts Law because the trend of question is not very clear) Promoters; Remedies for breach of promoter’s duty, Pre-incorporation contract Company Constitution: Memorandum and Articles of Association Meetings Directors duties (Business Judgement rule, Best interest, proper purpose, conflict Loan capital: Priority of charge Veil of incorporation Liquidation of Companies Money Laundering Insider Trading