ACFI 301 Jan 2013 Questions (1)
CCAA问答题汇总
CCAA质量管理体系国家注册审核员笔试试卷问答题汇总简答题1.审核员到办公室审核文件控制的情况,抽查了公司的质量手册及3份程序文件,都符合公司编制的《文件控制程序》要求,他认为文件控制得很好,很满意的离开了。
你认为该审核员的审核是否符合要求?为什么?如果你作为审核员,你将如何审核?2.某公司生产的产品是属于国家产品强制标准要求,现原国家标准已经作废,新的标准也已经实施 6 个月,问作为审核员去审核时,应审核那些条款?如何收集审核证据?3.某公司在管理评审中作出了的 4 项改进决策,审核员看到办公室只对一项改进措施对实施部门验证了措施的效性,其他都没有,请问怎样继续审核?4.审核组于2009年12月到生产玩具的某企业审核,该企业的销售部负责产品销售、产品交付、产品出厂后的售后服务以及与市场、客户的所有外部联络和沟通。
请说明对该企业销售部审核涉及的标准条款和审核思路。
5.请简要叙述认证过程主要活动,并说明认证过程与审核过程的关系6.审核员在某企业查最近一次的管理评审,发现管理评审报告中针对评审情况,共提出了四项改进决策,审核员只看到其中一项由办公室完成的改进措施的实施情况及其有效性的验证记录。
你作为审核员应如何处理。
7. 简述ISO9001标准8.2.3条过程监视和测量的范围和目的,请举例说明监视和测量的方法8.如何依据GB/T19001-2008标准对“顾客财产“进行审核?9.查设计和开发更改时,审核员在询问设计和开发更改的有关规定后,抽查了3个不同专业组在2008年8-12月间的更改单,都有授权人员的审批,修改发放手续符合文件控制要求。
审核员很满意他们的工作,道谢后就离开了。
这样的审核是否符合要求?为什么?如果请您去审核,您会怎么做?10.以下为一次审核活动中的场景描述(包含三句话):①销售科长说:“我们2007年1月至今已处理39份顾客报怨,顾客总体比较满意”。
②审核员查阅了39份顾客抱怨处理记录,经核对该企业的《顾客抱怨管理制度》,认为顾客抱怨的处理确实按要求执行。
美国为何再启“301调查”
美国为何再启“301调查”作者:巩胜利龚建利来源:《财经界·上旬刊》2017年第10期近期,美国总统特朗普以中国严重侵害美国企业的知识产权为由下令对中国展开调查,包括发动制裁措施在内,考虑适用《美国贸易法》301条款。
美国贸易代表办公室8月份也正式发布声明,宣布根据《美国贸易保护法》第301条款启动对中国的调查,判断中国有关技术转让、知识产权和创新的法律或政策是否对美国企业造成歧视关于美国“301条款”“301条款”,即美国《1974年贸易法》第301条的俗称,由301条款延伸而来的301调查诞生于冷战时期,被视为贸易外交的工具,美国长期都在使用。
中美贸易逆差已有40多年,被认为主要存在以下几种原因:(1)不平等贸易说。
在中国长期顺差、美国长期逆差之下,美国国会贸易赤字调查委员会于2000年11月发表了一个关于贸易逆差成因的调查报告。
在他们看来,主要在于美国与其它国家不平等的贸易关系,诸如:其他国家非关税壁垒,外国商品对美国的倾销,外国政府对本国公司的补贴,发展中国家较低的工资水平和生产条件以及美国本国企业核心竞争力的消失等。
报告更多地是强调外部因素;(2)孪生赤字假说。
美国国民经济研究局主席费尔德斯坦(Feldstein)强调财政赤字对美国贸易逆差的决定作用,提出了著名的“孪生赤字假说”:即在巨额财政赤字背景下,货币当局为了防止通货膨胀,不会为财政赤字融资,因此财政赤字会导致利率升高、外资流入、美元升值,从而产生了长期贸易逆差;(3)中国是一个转制的市场经济国家,计划经济的惯性,长期主导中国经济出口创汇。
但是,这依然难以完全解释美国巨额逆差,因为1989-1992年财政赤字在大幅度扩大,但贸易赤字却在缩小;1993-2000年财政赤字逐年缩小,2000年更是出现2370亿美元的高额盈余,但贸易赤字却在逐年扩大。
中美贸易40多年,2015年中国外汇储备最高达到3.998万亿美元。
这就是说,中美贸易40多年,中国长期顺差,而美国是长期40多年逆差。
CFA考试(Level Ⅰ)历年真题详解 2013 Level Ⅰ Mock Exam MorningSession
2013 Level Ⅰ Mock Exam: MorningSessionQuestions 1 through 18 relate to Ethical and Professional Standards. 1.Bailey Watson, CFA manages 25 emerging market pension funds. He recently had the opportunity to buy 100,000 shares in a publicly listed company whose prospects are considered “above industry norm” by most analysts. The company’s shares rarely trade because most managers take a “buy and hold” strategy because of the company’s small free float. Before placing the order with his dealer, Watson allocated the shares to be purchased according to the weighted value of each of his clients’ portfolios. When it cam e time to execute the trades, the dealer was only able to purchase 50,000 shares. To prevent violating Standard III (B) Fair Dealing, it would be most appropriate for Watson to reallocate the 50,000 shares purchased by:A.reducing each pension fund’s allo cation proportionately.B.distributing them equally amongst all the pension fund portfolios C.allocating randomly but giving funds left out priority on the next similar type trade.【答案】A【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard III (B) Fair DealingStudy Session 1–2–cRecommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct.A is correct because Standard III (B) Fair Dealing requires members and candidates to deal fairly and objectively with all clients. Certain clients cannot be favored over other clients when their investment objectives and circumstances are similar. Therefore, the most appropriate way to handle the reallocation of an illiquid share is to reduce each client’s proportion on a pro rata, or weighted basis.2.Dilshan Kumar, CFA, is a world-renowned mining analyst based in London. Recently, he received an invitation from Cerberus Mining, a London Stock Exchange listed company with headquarters in Johannesburg, South Africa. Cerberus asked Kumar to join a group of prominent analysts from around the world on a tour of its mines in South Africa, some of which are in remote locations, not easily accessible. The invitation also includes an arranged wildlife safari to Krueger National Park for the analysts. Kumar accepts the invitation, planning to visit other mining companies he covers in Namibia and Botswana after the safari. To prevent violating any CFA Institute Standards of Professional Conduct, it is most appropriate for Kumar to only accept which type of paid travel arrangements from Cerberus?A.Ground transportation to Krueger National ParkB.Economy class round trip ticket from London to JohannesburgC.Flights on a private airplane to the remote mining sites in South Africa【答案】C【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard I (B) Independence and ObjectivityStudy Session 1–2–cRecommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct.C is correct because Standard I (B) Independence and Objectivity requires members and candidates to use reasonable care and judgment to maintain their independence and objectivity in their professional activities. Best practice dictates that Kumar only accept transportation to the remote mining sites in that it is unlikely he would be able to source commercial flights to the locations and ground transport may not be viable. Because Kumar would normally visit mining sites around the world as part of his job and because he is combining this trip with trip to other mine sites in different countries, it would be inappropriate for Cerberus to pay for the analyst’s trave l expenses from London. AlthoughKumar could go on safari with the group of analysts, he should pay his own way so as to restrict any influence such a gift could possibly have when making his investment recommendations on Cerberus.3.Abdul Naib, CFA, was recently asked by his employer to submit an updated document providing the history of his employment and qualifications. The existing document on file was submitted when he was hired five years ago. His employer notices the updated version shows Naib obtained his Master of Business Administration (MBA) degree two years ago, whereas the earlier version indicated he had already obtained his MBA. Because the position Naib was hired for had a minimum qualification of an MBA, Naib is asked to explain the discrep ancy. He justifies his actions by stating: “I knew you wouldn’t hire me if I didn’t have an MBA degree, but I already had my CFA designation. Knowing you required an MBA, I went back to school on a part-time basis after I was hired to obtain it. I graduate d at the top of my class, but this shouldn’t come as any surprise, as you have seen evidence I passed all of my CFA exams on the first attempt.” Did Naib most likely violate the CFA Institute Standards of Professional Conduct?A.NoB.Yes, with regard to MisconductC.Yes, with regard to Reference to the CFA Designation【答案】B【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard I (D) Misconduct, Standard VII (B) Reference toCFA Institute, the CFA Designation and the CFA Program, pp. 46, 138–140 Study Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.B is correct because Naib knowingly misrepresented his qualifications by stating he had obtained an MBA degree at the time of his hire when in fact he had not.This reflects adversely on his professional integrity, violating Standard I (D) Misconduct. Stating he passed his CFA exams in three consecutive years is not a violation of Standard VII (B) Reference to CFA Institute, the CFA Designation, and the CFA Program if it is factual. There is no evidence given to indicate he did not pass as claimed.4.Jack Steyn, CFA, recently became the head of the trading desk at a large investment management firm that specializes in domestic equities. While reviewing the firm’s trading operations, he notices clients give discretion to the manager to select brokers on the basis of their overall services to the management firm. Despite the client directive, Steyn would most likely violate Standard III (A) Loyalty, Prudence, and Care if he pays soft commissions for which of the following services from the brokers?A.Equity research reportsB.Investment conference attendanceC.Database services for offshore investments【答案】C【解析】“Guidance for Standards I–VII,”CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard III (A) Soft Commission Policies, pp. 63–64Study Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.C is correct because Standard III (A) Loyalty, Prudence and Care stipulates that the client owns the brokerage. Therefore members and candidates are required to only use client brokerage to the benefit of the clients (soft commission policy). Because the firm specializes in domestic equity, an offshore investment database service would not benefit clients.5.Elbie Botha, CFA, an equity research analyst at an investment bank, disagrees with her research t eam’s buy recommendation for a particular company’s rights issue. She acknowledges the recommendation is based on a well-developed process and extensive research but feels the valuation is overpriced based on her assumptions. Despite her contrarian view, her name is included on the research report to be distributed to all of the investment bank’s clients. To avoid violating any CFA Institute standards, it would be least appropriate for Botha to undertake which of the following?A.Leave her name on the reportB.Insist her name is removed from the reportC.Issue a new report based on her conclusions【答案】C【解析】“Guidance for Standards I–VII”, CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard IV (A) Loyalty, Standard V (A) Diligence andReasonable BasisStudy Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.C is correct because Standard IV (A) calls for employees to be loyal to their employer by not causing harm. If Botha released a contradictory research recommendation report to clients, it could possibly cause confusion amongst clients and embarrassment to the firm.6.Colleen O’Neil, CFA, manages a private investment fund with a balanced global investment mandate. Her clients insist that her personal investment portfolio replicate the investments within their portfolio to assure them she is willing to put her money at risk. By undertaking which of the following simultaneousinvestment actions for her own portfolio would O’Neil most likely be in violation of Standard VI (B) Priority of Transactions?A.Sale of a listed U.S. blue chip value stockB.Participation in a popular frontier market IPOC.Purchase of a UK government bond in the primary market【答案】B【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard VI (B) Priority of Transactions Study Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.B is correct because Standard VI (B) Priority of Transactions dictates members and candidates give their clients and employer priority when making personal investment transactions. Even when clients allow or insist the manager invest alongsi de them, the manager’s transactions must never adversely affect the interests of the clients. A popular or “hot” IPO in a frontier market is likely to be oversubscribed. In such cases, Standard VI (B) dictates the manager should not participate in this event to better ensure clients will have a higher probability of getting their full subscription allotment, even though clients have allowed or dictated that she participate alongside them.7.Christina Ng, a Level I CFA candidate, defaulted on a bank loan she obtained to pay for her Master’s degree tuition when her wedding cost more than expected.A micro finance loan company lent her money to pay off the tuition loan in full, including penalties and interest. The micro finance loan company even extended fur ther credit to pay for her parents’ outstanding medical bills. Unfortunately, her parents’ health problems escalated to the point where Ng had to take extensive time away from work to deal with the issues. She was subsequently fired and consequently defaulted on the second loan. Because she was nolonger employed, Ng decided to file for personal bankruptcy. Do the loan defaults leading up to Ng’s bankruptcy most likelyviolate Standard I (D) Misconduct? A.NoB.Yes, with regard to the first loan defaultC.Yes, with regard to the second loan default【答案】A【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard I (D) MisconductStudy Session 1–2–aDemonstrate the application of the Code of Ethics and Standards of Professional Conduct to situations involving issues of professional integrity.A is correct because although Ng’s first loan default, which played a part in the subsequent bankruptcy, is a result of poor financial choices (i.e. paying for higher wedding costs rather than her tuition loan), neither of the loan defaults or the bankruptcy involves fraudulent or deceitful business conduct but are based on unfortunate personal circumstances. Therefore, she would most likely not be in violation of Standard I (D) Misconduct.8.Charles Mbuwanga, a Level III CFA Candidate, is the business development manager for Sokoza Investment Group, an investment management firm with high-net-worth retail clients throughout Africa. Sokoza introduced listed Kenyan Real Estate Investment Trusts (REITs) to its line of investment products based on new regulations introduced in Kenya so as to diversify its product offering to clients. The product introduction comes after months of researching Kenyan property correlations with other property markets and asset classes in Africa. Sokoza assigns Mbuwanga as part of the sales team in introducing this product to its clients across Africa. Mbuwanga subsequently determines most of Sokoza’s clients’ portfolios would benefit from having a sma ll Kenyan property exposure to help diversify their investment portfolios. By promoting the Kenyan REITs forSokoza’s client portfolios as planned, Mbuwanga would least likely violate which of the following standards?A.SuitabilityB.Knowledge of the LawC.Independence and Objectivity【答案】C【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard I (A) Knowledge of the Law, Standard I (B)Independence and Objectivity, Standard III (C) SuitabilityStudy Session 1–2–cRecommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct.C is correct because there is no indication Mbuwanga’s recommendation is based on any compensation package based on sales targets as being part of the sales team. If he had a sales target as part of his responsibility to promote the new product, it could be conceived that his independence and objectively was in question. Mbuwanga does, however, seem to be in violation of Standard III (C) Suitability in that, although research with regard to correlation was undertaken, an analysis based on each individual client’s return and risk objectives was not done. He may also be in violation of Standard I (A) Knowledge of the Law in that he would need to determine if the Kenyan REIT product is allowable in each of the countries where his clients reside.9.Victoria Christchurch, CFA, is a management consultant currently working with a financial services firm interested in curtailing its high staff turnover, particularly amongst CFA charter-holders. In recent months, the company lost 5 of its 10 most senior managers, all of whom have cited systemic unethical business practices as the reason for their leaving. To curtail staff turnover byencouraging ethical behavior, it would be least appropriate for Christchurch to recommend the company do which of the following?A.Implement a whistle-blowing policyB.Encourage staff retention with increased benefitsC.Create, implement and monitor a corporate code of ethics【答案】B【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard I (A) Knowledge of the Law Study Session 1–2–cRecommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct.B is correct because the offering of increased benefits to encourage staff retention would not necessarily stop the unethical behavior causing staff turnover and would effectively be asking the ethical employees to ignore the unethical behavior, thus being complicit in the behavior. Under Standard I (A) Knowledge of the Law, CFA charter-holders and candidates must disassociate themselves from unethical behavior. Because the unethical business practices are seen as systemic, it would likely require them to leave the firm. Implementing a whistle-blowing policy and adopting a corporate code of ethics would likely help to build a foundation of strong ethical behavior. 10.Henrietta Huerta, CFA, writes a weekly investment newsletter to market her services and obtain new asset management clients. A third party distributes the free newsletter on her behalf to those individuals on its mailing list. As a result, it is widely read by thousands of individual investors. The newsletter recommendations reflect most of Huerta’s investment actions. After completing further research on East-West Coffee Roasters, Huerta decides to change her initial buy recommendation to a sell. To avoid violating the CFA Institute Standards of Professional Conduct it would be most appropriate for Huerta to distribute the new investment recommendation to:A.newsletter recipients firstB.asset management clients firstC.newsletter recipients and asset management clients simultaneously【答案】B【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Section Standard III (A) Loyalty, Prudence, and CareStudy Session 1–2–cRecommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct.B is correct because according to Standard III (A) Loyalty, Prudence and Care members and candidates must place their clients’ interests first before their own interests. The temptation may be to release the changed recommendation to newsletter recipients simultaneously with or even before the asset management clients to try to obtain new clients. However, to avoid violating Standard III (A) Loyalty, Prudence and Care, Huerta must ensure any change in an investment recommendation is first distributed to her asset management clients before any newsletter recipients, who are not necessarily clients (that is, they receive the newsletter for free from a third party distribution list).11.Danielle Deschutes, CFA, is a portfolio manager who is part of a 10-person team that manages equity portfolios for institutional clients. A competing firm, South West Managers, asks Deschutes to interview for a position within its firm and to bring her performance history to the interview. Deschutes receives written permission from her current employer to bring the performance history of the stock portfolio with her. At the interview, she discloses that the performance numbers represent the work of her team and describes the role of each member.To bolster her credibility, Deschutes also provides the names of institutional clients and related assets constituting the portfolio. During her interviewDeschutes most likely violated the CFA Institute Standards of Professional Conduct with regards to:A.the stock portfolio’s performance historyB.her contribution to the portfolio’s returns.C.providing details of the institutional clients【答案】C【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard III (D) Presentations, Standard III (E)Preservation of ConfidentialityStudy Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.C is correct because Deschutes most likely violated Standard III (E) Preservation of Confidentiality by failing to preserve the confidentiality of client records when she disclosed specific details about clients in the equity portfolio.12.When Abdullah Younis, CFA, was hired as a portfolio manager at an asset management firm two years ago, he was told he could allocate his work hours as he saw fit. At that time, Younis served on the board of three non-public golf equipment companies and managed a pooled investment fund for several members of his immediate family. Younis was not compensated for his board service or for managing the pooled fund. Younis’ investment returns attract interest from friends and co-workers who persuade him to include their assets in his investment pool. Younis recently retired from all board responsibilities and now spends more than 80% of his time managing the investment pool for which he charges non-family members a management fee. Younis has never told his employer about any of these activities. To comply with the CFA Institute Standards of Professional Conduct with regards to his business activities overthe past two years, Younis would least likely be required to disclose which of the following to his employer?A.Board activitiesB.Family investment pool managementC.Non-family member management fees【答案】A【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard IV (B) Additional Compensation Arrangements,Standard VI (A) Disclosure of ConflictsStudy Session 1–2–cRecommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct.A is correct because golf equipment is a business independent of the financial services indstry such that any board obligations would not likely be considered a conflict of interest requiring disclosure according to Standard IV (B) Additional Compensation Arrangements. Standard IV (B) requires members and candidates to obtain permission from their employer before accepting compensation or other benefits from third parties for the services that might create a conflict with their employer’s interests. Managing investments for family and non-family members could likely create a conflict of interest for Younis’ employer and should be disclosed to his employer.13.Kim Klausner, CFA, monitors several hundred employees as head of compliance for a large investment advisory firm. Klausner has always ensured that his company’s compliance program met or exceeded those of its competitors. Klausner, who is going on a long vacation, has delegated his supervisory responsibilities to Sue Chang. Klausner informs Chang that her responsibilities include detecting and preventing violations of any capital market rules andregulations, and the CFA Institute Code and Standards. Klausner least likely violated the CFAInstitute Standards of Professional Conduct by failing to instruct Chang to also consider:A.firm policies.B.legal restrictions.C.industry standards.【答案】C【解析】“Guidance for Standards I–VII”, CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard IV (C) Responsibilities of SupervisorsStudy Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.C is correct because the requirement under Standard IV(C) Responsibilities of Supervisors does not include any reference to industry standards. Standard IV(C) requires supervisors to instruct those subordinate to whom supervision is delegated about detection methods to prevent violations of laws, rules, regulations, firm policies and the CFA Institute Code and Standards. 14.Sheila Schleif, CFA, is an equity analyst at an investment banking division of Mokara Financial Group, a full service financial group. Schleif uses a multi-factor computer model to make stock recommendations for all clients of Mokara. Schleif discovers the model contains an error. If the error were corrected, her most recent buy recommendation communicated to all clients would change to a sell. Schleif corrects the error, changing the buy to a sell recommendation, and then simultaneously distributes via e-mail the revision to all investment banking clients who received the initial recommendation. A week later, Schleif sells the same shares she held in her personal portfolio. Concerning her actions, Schleifmost likely violated which of the following CFA Institute Standards of Professional Conduct?A.Fair DealingB.Priority of TransactionsC.Diligence and Reasonable Basis【答案】A【解析】“Gu idance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard III (B) Fair Dealing, Standard V (A) Diligence and Reasonable Basis, Standard VI (B) Priority of Transactions Study Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.A is correct because the analyst violated Standard III (B) Fair Dealing by selectively distributing the recommendation only to investment banking clients despite being responsible for making investment recommendations to all group clients. Schleif should distribute the change in recommendation to all clients who received the initial recommendation, not just those within the investment banking division of the group.15.Rodney Rodrigues, CFA, is responsible for identifying professionals to manage specific asset classes for his firm. In selecting external advisers or sub advisers, Rodrigues reviews the adviser’s investment process, established code of ethics, the quality of the published return information, and the compliance and the integrated control framework of the organization. In completing his review, Rodrigues most likely violated the CFA Institute Standards of Professional Conduct with regards to his due diligence on:A.adherence to strategy.B.performance measuresC.internal control procedures.【答案】A【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard V (A) Selecting External Advisers and SubadvisersStudy Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.A is correct because Standard V (A) Diligence and Reasonable Basis applies to the level of review necessary in selecting an external adviser or subadviser and would at minimum include reviewing the adviser’s adherence to its stated strategy.16.Jackson Barnes, CFA, works for an insurance company providing financial planning services to clients for a fee. Barnes has developed a network of specialists, including accountants, lawyers, and brokers who contribute their expertise to the financial planning process. Each of the specialists is an independent contractor. Each contractor bills Barnes separately for the work he or she performs, providing a discount based upon the number of clients Barnes has referred. What steps should Barnes take to be consistent with the CFA Institute Standards of Professional Conduct?A.Have his independent contractors approved by the insurance company B.List the consideration he receives from the specialists on monthly client invoicesC.Inform potential clients about his arrangement with the contractors before they agree to hire him【答案】C【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard VI (C) Referral FeesStudy Session 1–2–cRecommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct.C is correct because the referral arrangements should be disclosed to potential clients “before entry into any formal agreement for services” and not after the fact. This allows potential clients to consider whether the arrangement causes them any potential harm as a result of the arrangement (e.g., higher fees and potential conflicts of interests).17.Millicent Plain has just finished taking Level II of the CFA examination. Upon leaving the examination site, she meets with four Level III candidates who also just sat for their exams. Curious about their examination experience, Plain asks the candidates how difficult the Level III exam was and how they did on it. The candidates say the essay portion of the examination was much harder than they had expected and they were not able to complete all questions as a result. The candidates go on to tell Plain about broad topic areas that were tested and complain about specific formulas they had memorized what did not appear on the exam. The Level III candidates least likely violated the CFA Institute Standards of Professional Conduct by discussing:A.specific formulasB.broad topic areas.C.the examination essays.【答案】C【解析】“Guidance for Standards I–VII,” CFA Institute2013 Modular Level I, Vol. 1, Reading 2, Standard VII (A) Confidential Program InformationStudy Session 1–2–bDistinguish between conduct that conforms to the Code and Standards and conduct that violates the Code and Standards.C is correct because discussing the level of difficulty of the essay portion of the examination did not violate Standard VII (A) Conduct as Members and Candidates in the CFA Program. Standard VII (A) and the Candidate Pledge were violated by candidates revealing broad topical areas and formulas tested or not tested on the exam.18.On a flight to Europe, Romy Haas, CFA, strikes up a conversation with a fellow passenger, Vincent Trujillo. When Trujillo learns Haas is in the investment profession, he asks about the CFA designation. Haas tells him the following about the CFA designation:Statement 1: Individuals who have completed the CFA Program have the right to use the CFA designation.Statement 2: The CFA designation is globally recognized which is why I use it as part of my firm’s nameStatement 3: CFA charter-holders must satisfy membership requirements to continue using the designation.In explaining the use of the CFA designation, Haas least likely violated the CFA Institute Standards of Professional Conduct concerning which of the following statements?A.Statement 1B.Statement 2C.Statement 3【答案】C【解析】“Guidance for Standards I–VII,” CFA Institute。
美国301条款
一、美国301条款的产生背景第二次世界大战结束后的相当一段时间里,美国依靠其雄厚的国内经济实力,在国际贸易体系中处于绝对优势地位。
与此相应,美国在国际贸易中也积极奉行自由主义的贸易政策,在《关税与贸易总协定》的框架下,努力推动全球范围内的贸易谈判、降低关税和消除贸易壁垒。
《关税与贸易总协定》共进行了8个回合的谈判,其中第五轮谈判通称为“迪龙回合”(美国谈判代表的名字),第六轮谈判通称为“肯尼迪回合”、第七轮谈判又称“尼克松回合”(时任美国总统的名字),这些反映了美国在这些谈判中的重大作用。
此外,为推动全球自由贸易,美国还以“普惠制”和“最惠国”等贸易优惠政策为基点,为他国商品进入美国市场提供便利条件。
然而,自20世纪60年代末期以来,随着西欧和日本经济的迅速发展,再加上一些新兴工业化国家(地区)的出现,美国在国际经济贸易中的优势地位开始逐渐下降。
这主要表现在两方面:一方面是美国的对外出口额迅速下降,另一方面是大量的外国商品涌入美国市场。
美国与其主要贸易伙伴的贸易赤字不断扩大,美国的国际贸易收支也不断恶化。
此外,自第二次世界大战以来,科学技术迅速发展,在一国经济发展中所起的作用越来越突出。
与此相应,许多发达国家的经济结构发生了重大变化。
以美国为例,其经济发展已经越来越多地依赖于技术、信息、服务等产业,而不是依赖于农业和制造业等传统产业。
版权、专利、商标和商业秘密等知识产权成了重要的财产形式,体现知识产权的产品成了重要的社会财富。
同时,由于科学技术的高度发展,使得体现知识产权产品的复制极为简单、快捷,而且成本很低。
因此,如何保护知识产权,尤其是在国际贸易中保护本国的知识产权,防止他人偷窃自己的财富,就成了摆在各国政府面前的重要课题。
在上述背景下,美国的国际贸易政策发生了巨大的变化,逐步从贸易自由主义转变为贸易保护主义或贸易对等主义。
1974年,美国修订其《贸易法》,制定了旨在保护其贸易利益的301条款。
301临床医疗管理笔试
301临床医疗管理笔试英文回答:Clinical Management of CIRS (Chronic Inflammatory Response Syndrome)。
Chronic Inflammatory Response Syndrome (CIRS) is a complex, multi-system disorder caused by prolonged exposure to biotoxins, such as mold or water damage. Patients with CIRS experience a wide range of symptoms, including fatigue, cognitive impairment, respiratory problems, and immune system dysfunction.Diagnosis:The diagnosis of CIRS is based on a clinical history of exposure to biotoxins and a physical examination that reveals symptoms consistent with the condition. Laboratory tests, such as blood and urine analysis, can also be usedto support the diagnosis.Treatment:The treatment of CIRS involves a combination of approaches, including:Source control: Identifying and removing the source of biotoxin exposure.Anti-inflammatory therapy: Medications, such as corticosteroids and nonsteroidal anti-inflammatory drugs (NSAIDs), to reduce inflammation.Supportive care: Treatment for specific symptoms, such as fatigue and respiratory problems.Immune modulation: Medications to regulate the immune system.Prevention:Prevention of CIRS involves avoiding exposure tobiotoxins. This includes measures such as:Maintaining a clean and dry environment.Using proper ventilation and air filtration systems.Wearing protective gear when cleaning or removing mold or water damage.中文回答:慢性炎症反应综合征 (CIRS) 的临床管理。
采购与供应谈判 1311真题
2013年11月中英合作采购与供应管理职业资格证书考试(中级)采购与供应谈判(课程代码:03611)一、案例题(每小题25分,共计50分)仔细阅读并分析案例中的信息,回答第1-2题ICC公司介绍ICC公司(以下简称ICC)是一家致力于为客户提供家庭影院设备整体解决方案的成功零售商,其产品包括电视、投影屏幕、音响系统、投影机、灯光系统以及座椅。
ICC通过并购较小的独立店铺逐渐发展起来。
目前,ICC已经设立了一个中央采购部门,卢卡斯任采购经理,负责采购各种座椅和附属品。
座椅随着科技的进步和设计的创新,座椅已成为一项较大的支出项目。
比如,头枕和脚蹬的遥控功能、内置按摩设备、集成音响系统和声控系统以及靠背的倾斜和调整功能,使得观看者能够在家里享受到影院般的效果。
以前,这类产品有众多供应商,且规格多样,由各零售商单独采购。
卢卡斯有一个目标,就是要采购高质量、高科技含量的座椅来提供给客户。
为了实现该目标,需要在创新和设计方面进行投资,这就意味着ICC期望与座椅供应商形成长期的关系。
经过调研,卢卡斯发现了一家新的国际供应商——LSP公司(以下简称LSP),该供应商能够满足所有质量和创新方面的要求。
在研究和设计的过程中,需要大量的投资和专业知识,两家公司可以共享这些资源。
卢卡斯意识到,由于两家公司相距甚远,因此交流的过程中需要克服文化差异。
ICC对国际谈判的内部规定是使用电话谈判以节省差旅费用。
卢卡斯现在有些担忧,因为电话谈判进行得十分仓促,供应商似乎并没有理解某些谈话内容。
而且,他准备得也不是很充分,没有在电话中谈到所有要点。
尽管进行了几次电话谈判,卢卡斯依然没有就价格与供应商达成一致意见。
LSP公司LSP在一封电子邮件中对卢卡斯的来电表示感谢,虽然这些电话没有事先预约。
LSP并没有回答卢卡斯在电话中提出的所有问题,他们希望能再次进行交流。
附属品附属品种类繁多、价值低廉,如杯托和3D眼镜等,其采购频率很低,并且供应商数量众多。
31届iCho
226 88 Ra 222
(t1/2 = 1620 years) which,
b)
In the neutron induced binary fission products
are often found. Assuming that these nuclides have come from the original fission process, find (i) (ii) (iii) what elementary particles are released, energy released per fission in MeV and in joules, energy released per 1 gram of 235 U in unit of kW-hour. 235 136 Atomic masses: 92 U = 235.04393 u, 54 Xe = 135.90722 u,
31st International Chemistry Olympiad Preparatory Problems
Problem 2
a) Acetone (denoted as A) and chloroform (denoted as C) are miscible at all proportions. The partial pressure of acetone and chloroform have been measured at 35oC for the following solutions: Xc 0.00 0.20 0.40 0.60 0.80 1.00 0.00 35 82 142 219 293 Pc (torr) PA (torr) 347 270 185 102 37 0.00 where Xc is the mole fraction of chloroform in the solution. (i) (ii) (iii) each component in the solution. Activity (a) may be found from the following equation (taking chloroform as an example):
Exam301任务和例题(TasksandSampleQuestions).
Exam 301:任务和例题(Tasks and Sample Questions)LPIC-3或LPI第三级Exam 301测试着重提升以下方面的能力:∙认证和命名∙容量规划∙轻量级目录访问协议∙可插拔认证模块∙故障诊断∙集成核心网络服务Exam 301:详细目标Exam 301是LPIC-3目标的基础考试。
它测试认证、故障诊断、网络集成和容量规划的技能。
容量规划是在可预见的未来保持资源不被用尽的艺术和科学。
它通常是非正式进行,通常是在用尽某样东西之后测量程序所需资源。
如果你做出了程序完成单位工作量所需的使用的CPU、内存和I/O带宽数量的表格,那么你就能够预测未来该程序最大负载是多少。
此外,你可以使用这个测量方法为程序调整新的计算机,或者预测需要多大的计算机以满足你和其它的程序。
简单的电子表格预测对于简单尺寸调整和未来规划是足够的,但它们并不能保证并告诉你:∙程序将加载多少负载,或者∙程序在该负载下的响应时间是多少。
对于这些,你可以使用排队论解决。
在Linux上有一些商业化产品,此外还有一个免费的排队网络解决方案,Neil Gunther开发的Perl∷PDQ。
他们产生正确的数学模型,你就可以预测该负载下程序的性能,计算当程序过载时性能的衰减。
目标主题301:概念、系统结构和设计301.1 LDAP概念和系统结构(权值:3)描述:考生应当熟悉LDAP和X.500概念。
关键知识点∙LDAP和X.500技术规范∙属性定义∙目录名空间∙不同的名字∙LDAP数据交换格式∙Meta-directory∙changetype操作下列是所用的文件、术语和工具的部分列表:∙LDIF∙Meta-directory∙changetype∙X.500∙/var/lib/ldap/*∙LDIF∙Meta-directory∙Changetype∙X.500∙/var/lib/ldap/*301.2 目录设计(权值:2)描述:考生应当能够设计和实现LDAP目录,设计合适的目录信息树以避免冗余。
301关税措施在美诉讼的程序法问题
国际贸易争端解决机制的适用问题
选择性争端解决机制
在国际贸易中,争端解决机制的选择对双方当事人具有重要意义。美国可能选择国内法院或国际贸易 仲裁机构来解决301关税措施的争端。
世贸组织争端解决机制
如果选择在世贸组织框架下解决争端,需要遵循其设立的专家组和上诉机构程序规则。
程序法上的挑战与对策
程序性问题
THANKS
感谢观看
国内司法途径寻求救济。在实践中,有关方面需要积极利用这些救济途
径,维护自身权益。
未来发展趋势与展望
要点一
WTO改革与301关税 措施
随着全球经济治理的不断变化,WTO 需要进行改革。未来,WTO规则可能 会发生变化,从而对301关税措施的 实施产生影响。美国需要密切关注 WTO改革进展,并调整301关税措施 的实施策略。
证据审查
法院对证据的真实性和相关性进行审查,以确定是否采纳。
法律分析与辩护
法律分析
原告需要对关税措施进行法律分析,确定其是否违反相关贸易协议或国内法。
辩护策略
被告可以提出各种辩护策略来保护自己的权益,包括主张关税措施符合相关协议 或法律等。
裁决与执行
裁决结果
法院根据审理结果作出裁决,通常以判决形式作出。
02
关税措施是301条款下的一种重要手段,用于对外国商品加征关税,以报复外国 对美国企业的歧视或壁垒。
301关税措施的实施方式与程序
美国总统可以根据301条款启动调查,对涉嫌歧视或壁垒 的行为进行评估。
如果总统认定存在歧视或壁垒,他可以采取一系列措施 ,包括加征关税或采取其他贸易限制措施。
301关税措施的实施过程通常涉及多个部门和机构的参与 ,包括国际贸易委员会(ITC)和商务部等。
美国对华“301调查”下对“301条款”之评析
美国对华“301调查”下对“301条款”之评析作者:李捷音来源:《法制与社会》2017年第36期摘要 2017年8月,美国对中国再次启动了“301调查”,根据美国贸易法“301条款”对贸易竞争对手进行威胁和贸易制裁是美国实现贸易保护维护其经济霸权的主要方法,这一方法是对WTO多边贸易体制下贸易争端解决机制的极大危害。
面对此次调查,中国应积极应对,适当条件下可借助世贸组织DSB解决此次争端。
关键词“301条款” 贸易保护主义霸权主义 DSB作者简介:李捷音,西北政法大学国际法学院讲师,研究方向:国际经济法。
中图分类号:D82 文献标识码:A DOI:10.19387/ki.1009-0592.2017.12.2992017年8月14日,美国总统特朗普授权美国贸易代表办公室(USTR)对所谓的“中国不公平贸易行为”特别是中国是否会损害美国知识产权进行调查,而美国的此次调查依据正是的著名的美国贸易法“301条款”。
如果最终判定中国严重侵犯美国知识产权,USTR有可能对中国采取贸易制裁措施。
特朗普在竞选期间就曾表明现在的经济全球化导致美国的劳动阶层失去工作,所以必须实行“美国优先”的政策,重振美国的制造业。
特朗普上台后的一系列措施都表明了其鲜明的态度即反全球化和反自由贸易。
为了实现其在竞选时给予选民的承诺,给其支持者提供更多的就业与增加收入,特朗普政府的重点一定会放在缩小美中贸易逆差,要求中国对知识产权的保护更加严格的问题上。
所以向中国贸易发难是迟早的事情,而动用“301”条款进行贸易调查给贸易对手造成压力也是美国惯用的方法。
美国贸易法“301条款”是国际贸易中非常有名的法律,它是美国为实现贸易保护,进行贸易报复的最严厉的法律条款之一。
“301条款”是如何发挥其作用的呢?简单来说就是美国先使用该条款对其他国家的贸易措施展开调查,继而与该国进行谈判,如果谈判不成就会对该国实施贸易报复。
而美国使用该条款的原因就在于其认为他国的贸易措施损害或有可能损害了美国的经济利益。
2013六西格玛黑带试题
中国质量协会2013年注册黑带考试题一、单选题(84道题,84分)1.乔治·博克斯(George E.P.Box)(1919-2013)是著名统计学家,其一生对于统计学的贡献颇多,并在质量管理、六西格玛等领域有着重要的应用。
他的主要贡献领域是:A.试验设计B.控制图C.过程能力分析D.测量系统分析2.关于精益六西格玛的说法,正确的是:A.精益六西格玛就是同时推行精益生产和六西格玛管理B.精益六西格玛要求精益生产要在六西格玛实施之前实施C.精益生产适用于制造企业,精益六西格玛适用于所有企业和管理模式D.精益六西格玛是将精益生产以及六西格玛的理念和技术方法结合起来解决问题3.解决问题的方法有许多,如质量管理小组、DMAIC、现场改善、快赢改善等,六西格玛项目常用的解决问题的方法步骤是DMAIC 方法论。
以下哪种情况更适合用以DMAIC方法来解决?A.现场较为混乱缺乏秩序B.产品有缺陷产生,但产生的原因和改进的方法比较清楚C.服务响应时间波动较大且问题原因较为复杂D.员工提出增加运转车以降低劳动强度4.关于六西格玛管理中角色及职责的描述,不正确...的是:A.倡导者是企业六西格玛推进的主要负责人,负责制定六西格玛的战略和规划,并为六西格玛的实施提供资源和扫除障碍B.资深黑带负责从战略层面对六西格玛管理进行全面部署C.黑带在六西格玛项目中组织、管理、激励和指导团队开展工作,负责团队的启动,管理团队的进展,为团队成员提供培训和辅导D.业务负责人协助选择黑带、绿带,为其提供资源支持,确保过程改进能够落实,保持改进成果5.在推进六西格玛管理的组织中,负责对六西格玛管理进行全面部署,为项目实施提供资源保障,是下述哪个角色的主要职责?A.倡导者B.资深黑带C.黑带D.绿带6.零缺陷的质量管理理论是由以下哪位质量专家提出来的?A.费根堡姆B.朱兰C.戴明D.克劳斯比7.新产品设计的三次设计思想,即系统设计、参数设计、容差设计,也就是系统地考虑问题,选择参数间的最优水平组合,确定最恰当的容差。
美国301调查的部分反驳
“301”条款本身合理性 我国产业政策实际情况 投资主体判断 存在问题及应对措施
Discretionary action. If the Trade Representative determines under section 304(a)(1) [19 USCS § 2414(a)(1)] that— (1) an act, policy, or practice of a foreign country is unreasonable or discriminatory and burdens or restricts United States commerce, and (2) action by the United States is appropriate, the Trade Representative shall take all appropriate and feasible action authorized under subsection (c), subject to the specific direction, if any, of the President regarding any such action, and all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to obtain the elimination of that act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
ACCA2013年12月考试真题答案
Professional Level – Essentials Module, Paper P1Governance, Risk and Ethics December 2013 Answers 1(a)(i)Concepts of sustainabilityIn the context of the case, SOW meant sustainability in the environmental sense of the word. This means that resourcesshould not be taken from the environment or emissions should not be made into the environment, at a rate greater thancan be corrected, replenished or offset. In the case of the Hiaka pipeline, this means that its impact on the environmentshould not exceed the ability to replace used resources or clean up spills or emissions as they occur.The government of Exland used the term to mean the sustainability of its economy and the economic sustainability ofHEC itself which is such an influence on the national economy. The fact that Exland gets 90% of its oil from one singlesource (HEC) means that it is disproportionately dependent on the Hiaka pipeline. In all developed and developingeconomies, oil underpins economic growth and hence the wellbeing of citizens. This applies to jobs, health, educationand other essential aspects of Exland’s infrastructure. Without a regular and reliable source of oil from HEC, andassuming that Exland is unable to find other sources of oil at reasonable cost, the Exland economy would be badlydamaged with a number of unfortunate social consequences.(ii)Tensions between the conceptsThe balance between environmental conservation and economic development is a longstanding one, and one whichapplies to all parts of the world in which business activity takes place. A lot of business activity takes place at a net costto the environment and so the sustainability of one (environment or economy) may be achieved only at a net cost tothe other. Some believe that a lot of business activity can be made more environmentally sustainable but the economiccosts of this, possibly by accepting a lower rate of economic growth with its associated effects, are often unpopular.The economies of both Hiakaisland and also Exland are very dependent on the Hiaka pipeline. The thousands of jobson Hiakaisland depend on it, the economy of Exland is underpinned by the oil and the business transaction with Exlandis also an important source of foreign currency for the government of Wyland. These benefits all depend upon theeconomic arguments having ascendency over the claims of SOW.Reasons why many are unconvinced by the case for environmental sustainability include the issues of measurementand time perspective. Essentially, economic value can be measured whilst environmental value is more difficult.Economic consequences can be seen over the short term whilst environmental consequences may not be visible formany years.Some socio-political structures are thought to militate against longer-term perspectives such as the need toprovide short-term shareholder returns (as HEC’s shareholders have traditionally demanded) and the length of electoralcycles. In the case scenario, SOW would probably claim to have a longer-term perspective whilst the government ofExland and HEC will have shorter-term perspectives: Exland because its government needs to be re-elected every fouryears and HEC because it is a public company whose shares are traded on the Wyland stock exchange. The expectationsfor strong annual returns have, in the opinion of the market analyst, been unhelpful in allowing the company to workwith longer-term perspectives.The extraction of oil is ultimately unsustainable because it requires the exploitation of a non-renewable energy source.In other words, once it is gone, it is gone. The view of HEC’s board that it should be ‘as sustainable as is economicallypossible’ is unlikely to satisfy SOW and may be seen effectively as no commitment to environmental sustainability at all.Some countries have taken steps to reduce the net impact of business activity including investing in renewable energy(e.g. wind and water power) and both Wyland and Exland could reduce their dependence upon oil by diversifying theirenergy sources to help to increase environmental sustainability. A lack of dependence on a single energy source (e.g.oil) can also make the country more economically robust, thereby helping its long-term economic sustainability.[Tutorial note:Allow a range of expressions of these tensions.](b)Assessment of the risks and suitable risk strategiesRisk 1 (risk of terrorist attack). Probability is low, with a likelihood of an attack thought to be 10% at some point in the next ten years. The impact of such an event would be very high, however, as it would involve severe spillage and complete supply disruption. This would mean that oil would not be delivered to the port at Hiakatown and this would cause a loss of oil to supply to Exland.With any risk assessed as low probability but high impact, the usual strategy to adopt is to transfer or share the risk. At the same time, however, the company and the government of Wyland would be advised to take necessary measures to reduce the probability by instituting suitable security measures such as increased monitoring of the pipeline (perhaps by electronic surveillance or similar). An insurer may share the risk with HEC and, because of the strategic importance of the pipeline to the regional economy and to Exland, the Wyland government may contribute to this effort.Risk 2 (geological movement and/or earthquake) has an assessed ten-year probability of 5% which is probably considered quite low. The impact that such an event would have, though, would be potentially very high. As has happened elsewhere in the world, seismic activity can cause serious and often catastrophic failure of civil engineering installations. This can result in loss of life and, in the case of the Hiaka pipeline, ‘severe long-term supply disruption’. This would be damaging to the Hiakaisland economy and also to the Exland economy.The strategy for this is also to transfer or share. Given the relatively low probability (5% in ten years equates to 0·5% probability in any given year), it should be possible to get an insurer to share the risk for a suitable premium.Risk 3, the technical failure of a joint in the pipeline, was also assessed as having a low probability of occurring. At the same time, the impact of such a failure, presumably because of the technical design of the joints in the pipeline, is quite low. There is the potential for a disruption to supply but only by a few hours and with no leakage of oil.The strategy for this risk (being low probability and low impact) is probably to accept it. Given that the costs of reducing the risk (perhaps by replacing the joints with more robust ones) would exceed the value of the potential losses, there is no reasonable case for any other course of action. In addition, careful and ongoing maintenance of the pipeline may help to reduce this risk.Risk 4 is the risk of animal or natural damage to the pipeline. Because of its exposed northern situation, it is likely that much of the pipeline will be exposed to extremes of weather and it is seemingly possible for large animals also to have some effects on the pipeline over time. The ten-year probability for an event such as this was calculated at 60% and, indeed, the case mentions that one such event happened recently, thus demonstrating the vulnerability to this risk. Given the design and construction of the pipeline, however, the impact of any of these risks occurring is quite low, given as ‘causing superficial damage to pipeline but no disruption to supply’.The strategy for a risk assessed as high probability but low impact is to reduce it as far as possible. In the case of risk 4, this might mean, for example, reinforcing the pipeline at its most vulnerable points to extreme weather, erecting defences to deter animals where they are most present, or adopting similar risk reducing measures.Subjective risk assessmentSubjective risk assessment is distinguished from objective risk assessment by how the figures for probability and impact are arrived at. If these figures can be determined accurately and with reference to some certainty, it will be more objective than when an estimate is based more on a ‘best guess’ basis. Subjective assessments must be treated with more caution than estimates based on more objective data.In the case of Gerry Jupp’s estimates, the case does not say how his figures are arrived at, but it is likely, given that the pipeline is ten years old, that it may be based partly on past performance and partly on a ‘best guess’ about future events.The estimate of the probability of extreme weather events can be partly predicted based on past weather behaviour but estimation of the probability of terrorist events are likely to be much more subjective.The outcome of this is that data generated objectively is likely to be more reliable and useful than those based on more subjective probability or impact determinations.(c)Labour market conditionsThe price paid for any good or service (including labour) is related to the equilibrium point between supply and demand. An excess of supply or a reduction in demand will tend to suppress prices whilst a reduction in supply (say of a key skill in the labour market) or an increase in demand for those skills will tend to increase the market price.In the case of the levels of rewards for chief executives, supply into that market is influenced by the number of suitable people offering themselves for employment and the levels of skills offered by those people. At the same time, organisations buying in the market will seek to match applicants (suppliers) with their own skills requirements. Because there are mismatches between supply and demand, the price rises and falls over time and between countries and regions, just like any other good or service being traded.Because Hiakaisland is a remote location, it may be difficult to recruit to senior positions in the company. Given that highly qualified and suitably experienced people can potentially work anywhere, they may choose employment openings based partly on non-job related factors such as quality of life issues, climate, levels of infrastructure development, schools for children, etc. In that sense, Hiakaisland must compete with other locations, and HEC must compete with other employers to attract high quality people to work for it and accordingly must sometimes pay a market premium.Critical evaluation – arguments forThe first argument in favour of paying the ‘global’ market rate for Mr Hoo is that the company needs to have a highly skilled and capable person in charge of its operations and there is unlikely to be a supply of such labour locally prepared to work for a lower rate. As the supplier of a key export and a major employer in Wyland, the regional economy of Hiakaisland depends upon the company’s success whilst the people of neighbouring Exland depend upon it for 90% of their oil needs.The costs of recruiting an underqualified or inadequately experienced CEO may be much higher than the reward package paid.In highly skilled areas such as the market for chief executives, labour markets can be global, meaning that organisations may buy people from all over the world and sellers (applicants) may go anywhere in order to find suitable work. This results in a competitive situation for both applicants and employers, meaning that a global equilibrium price (level of reward) can seem high in some countries compared to local labour rates (as in Hiakaisland). If there is no suitable applicant prepared to work for a level of reward commensurate with local rates of pay, the company is compelled to pay the going ‘global’ rate whether it wants to or not, possibly including a local market premium.Critical evaluation – arguments againstWhere senior management is ‘parachuted in’ at such a high level of reward compared to local rates, it can make the chief executive in question appear to be grasping and greedy. This, in turn, can be bad for cohesion and loyalty in the workplace.It may also affect the motivation of employees and their willingness to co-operate with management initiatives at times. There is an argument that there should be a fixed multiple between the highest and lowest paid in any organisation. This enables the organisation to demonstrate its commitment to fairness, and to respect local sensibilities about rates of pay. By Mr Hooaccepting a fixed multiple, the company could strengthen its reputation locally and this might create a strategic advantage, especially where the local press and trade unions are concerned.Because living costs are significantly lower on Hiakaisland than in some of the large cities on the Wyland mainland, the ’real income’ on Hiakaisland of a global equilibrium CEO salary is likely to be disproportionately high. In order to enjoy a comfortable life on Hiakaisland, Mr Hoo does not need a salary equivalent to those living in other, more expensive, places.If rewards are not adjusted for local prices, this not only creates the unrest as reported in the case scenario, but also creates additional costs to the employer and hence poorer value for the shareholders.With the CEO having such a high salary compared to local rates, it may make it difficult for Mr Hoo to argue convincingly for cost restraint or in negotiations with employees or trade unions with regard to their rewards. With his own rewards perceived to be disproportionately high by local labour standards, Mr Hoo may be seen as being hypocritical by those he is in negotiations with and this may affect their willingness to negotiate in good faith or to accept his demands. The idea of a social contract is important in many organisations where all parties must believe themselves to have a ‘fair’ deal. This can be difficult when one person is seen to have a larger ‘slice’ compared to others and this, in turn, can affect cohesion and motivation.(d)(i)Hiaka EnergyAddress line 1Address line 2Address line 3Date Minister of IndustryAddress line 1Address line 2Address line 3Dear Minister,Thank you for your recent letter on the subject of internal controls at Hiaka Energy Company (HEC) following the Gojo incident. You may be aware that I have just recently taken over as the chief executive officer (CEO) of HEC. In this letterI would like to explain the plans I have for introducing more stringent internal controls and how I believe that a formalinternal audit function in the company should help to address issues like that which arose in Gojo in the future.T urning first to the difficulties in the recent past, you will be aware of the rough and dramatic terrain over which the Hiaka pipeline has been constructed. At 1,000 km long, this was a very substantial civil engineering project and required a great deal of technical expertise in its construction. It passes through hundreds of kilometres of a remote area in which accessing the pipeline is difficult. This can mean that a visual monitoring of the pipeline and its surroundings, perhaps for threats like rock slides, can be difficult.Despite this challenge, the company does implement maintenance encampments at strategic positions along the length of the pipeline. In taking over from the previous CEO, I have regrettably learned that conditions on these bases are not as comfortable for workers as I would like and as the workers deserve. One of the consequences is that work in these locations is not seen as attractive, morale is sometimes low and it is difficult to recruit people for this work. This can result in a lack of motivation and perhaps less attention to technical detail than is required in providing the highest levels of internal control.Recent years have also witnessed some poor industrial relations between workers and management. You will be aware of the importance of a high level of trust in an organisation and I suspect these problems may have had an effect on the effectiveness of our internal controls. This is not to excuse a lack of attention to internal controls, but it may go some way to explain why things have deteriorated to the extent that they have.In order to provide the levels of maintenance required along the length of the pipeline, HEC has relied for some time on foreign labour acquired from beyond the borders of Wyland. A number of languages are spoken by these people, and it is sometimes difficult to convey detailed technical messages to people when they are uncertain in the language of Wyland. Clear and unambiguous information is necessary in the effective implementation of internal controls and this has not always been possible in the past because of these language problems.(ii)In addressing these problems, however, I am pleased to convey to you that I have recently gained the support of the board to establish a full internal audit function at HEC reporting directly to the board of directors. I see a number of benefits from this once it is established and operating effectively. I hope this will reassure the Wyland government and our other stakeholders.Internal audit functions, such as the one envisaged for HEC, have traditionally had four general roles: to address and assure the quality and effectiveness of internal control systems, of risk management, of technical and legal compliance issues and also of the value for money returned to our shareholders and others. I personally see these roles as interconnected and believe that a great deal of benefit will result in the future.With regard to the effectiveness of internal controls, HEC faces a unique challenge with the physical size and geographical spread of its operations. With such a complex operation and so many stakeholders in the successful delivery of energy from Hiakaisland, internal audit will provide an effective control over these operations. The same applies to the risks which HEC faces. Our new risk manager, Gerry Jupp, has already begun the task of registering andassessing the risks, but internal audit will systematise this and ensure that these are subjected to regular and thoroughinternal audit. This will provide assurance that there are no omissions and that each risk is assessed and recorded asrequired by the internal audit procedures.As an energy company working under Wyland law, HEC is subject to both national regulations and technical rules. Ournew internal audit function will provide assurance that each requirement is taken into account and that the levels ofcompliance are monitored and corrected as necessary. This also applies to the contractual terms of our supply agreementwith the government of Exland. Finally, our new internal audit department will help the company to achieve value formoney. This is not only important for the shareholders but we are aware that sound financial management is a key partof corporate governance and that we also want to achieve value for our customers and employees. Ensuring thatprocurements and other asset purchases are best value, for example, will help us to achieve this. Had such an effectiveinternal audit function been in place at the time of its construction, the pipeline could have been constructed withinbudget and on time rather than being late and over budget as was actually the case.I hope I have been able to address some of your concerns about HEC and that the company continues to enjoy goodrelations with the Wyland government.With all best wishes,Yours sincerely,Gavin HooChief executive2(a)Distinguish between rules and principlesRules and principles are the two general approaches taken to the regulation of corporate governance practice. The United States and Sarbanes-Oxley is the only major example of a rules-based approach, with most countries preferring to regulate governance behaviour through the observation of general principles.In a rules-based approach such as Sarbanes-Oxley (‘Sarbox’ or ‘Sox’), the legal enforceability of the Act requires total compliance in all details. This places a substantial compliance cost upon affected companies and creates a large number of compliance advice consultancies to help companies ensure compliance. It is the judiciary rather than investors which monitors and punishes transgression and this means that there is no theoretical distinction drawn between major or minor compliance failures. This is sometimes seen, therefore, to be clumsy or un-nuanced as a means of enforcement.In a principles-based jurisdiction, listed companies are required by the stock exchange (rather than the law) to meet certain standards of compliance. These standards are usually expressed in a corporate governance code. Companies are required, by the stock exchange’s listing rules, to comply in detail with all provisions in the code but may, if unable to do so, report to the shareholders the ways in which compliance is not fully achieved, the reasons for the lack of compliance and when the company expects to be back in full compliance. The shareholders may then assess the transgression and take appropriate action themselves. Such action can be in the form of direct complaints to management or investor relations, or reducing their holdings of those shares, thereby reducing company value. In other words, the market rather than the state enforces and regulates compliance and this is thought by some to be a more efficient enforcement mechanism.Disadvantages of Sarbanes-Oxley and rules-based approachesThe first disadvantage is that costs are incurred in ensuring and demonstrating compliance. It can be convincingly argued that a substantial proportion of this cost adds very little value to shareholders, especially in small companies, and resources are diverted to demonstrating minor areas of compliance which could be used more effectively elsewhere (such as in company operations). Because compliance on the ‘big’ issues is accorded equal weight in law to compliance with ‘small’ issues, costs are disproportionately incurred in demonstrating compliance in some non-critical areas.Second, compliance is seen to be an inflexible ‘box ticking’ exercise and this can sometimes mean that companies lose perspective of what are the most important aspects of governance and what can sometimes be a less important provision to comply with. Disproportionate amounts of management time can be used in ensuring compliance in an area which may be less important to shareholders, but which is nevertheless an important ‘box’ to have ticked.Third, infringements and transgressions are punished by the state through its judiciary and not by those most directly affected by such transgressions: the shareholders. Those in favour of principles-based approaches argue that there is a greater economic efficiency in having governance monitored by those with the strongest stake in gains and losses (the shareholders), rather than the (in comparison) inefficient and undiscerning agents of the state. In many cases, agents of the state are unable to distinguish between major and minor infringements, merely noticing that a ‘box’ is ‘unticked’ and pursuing punishment asa result.(b)AgencyIn the context of corporate governance, agency refers to the relationship between the principal and an agent. The principal appoints an agent to act on his or her behalf in order to maximise the outcome sought by the principal. In the case of a business organisation with a separation of ownership and control, this relationship comprises shareholders (principals) and directors (agents). As agents, directors’ responsibilities should be primarily concerned with maximising the long-term returns to shareholders and providing timely, accurate and truthful information to shareholders in terms of reporting. The production of reports on internal controls is an important part of this reporting.Benefits of ‘maintaining a system of internal control over financial reporting’First, the system is important for ensuring that information can be accessed as necessary for management decision-making purposes, for reporting, or as part of an audit trail. Information needs to be reliable whenever it is used, either for internal management purposes or for shareholders, and a robust system to produce reporting information is necessary for that. This includes the benefit of the timely delivery of reports.Second, the case describes the importance of accurate ‘evidential matter’ in the preparation of reports. This may be important in providing an audit trail and to demonstrate that the systems and reporting are compliant with GAAP or other relevant systems of accounting rules (such as IFRS). These make it more likely that the reports will be truthful and reliable, both of which are important information qualities for shareholders. The evidential matter is likely to be able to demonstrate that the contents of the external report have been arrived at by using outputs from measurement systems compliant with relevant standards and this will satisfy external auditors, and, in turn, shareholders.Third, the report on internal control (IC) is capable of providing assurance to investors that the company is being well run and that it has effective internal controls capable of supporting a strategy which can maximise the long-term returns needed.As agents of the shareholders’ interests, directors must demonstrate they are responsible stewards of shareholder value. A report on the adequacy of internal controls in place in the company is a convincing way of achieving this.Fourth, because code compliance is mandatory in a rules-based jurisdiction (Sarbanes-Oxley in the case scenario), the maintenance of an effective system of internal control allows management to clearly demonstrate its compliance with the effective laws governing corporate governance. Because there are legal and reputational penalties for any compliance failures (even small ones), the clear and unambiguous signalling of compliance is important to shareholders and the availability of legal sanctions for non-compliance provides greater deterrents and provides greater assurance about the effectiveness of internal controls to shareholders.(c)Arguments for the exemptionFirst, smaller companies generally exist in less complicated environments than larger companies (i.e. with fewer potential risks and less dynamic risks) and are consequently less exposed than larger companies to some losses. Size confers political visibility and a wider range of stakeholder claims upon the organisation. Furthermore, there is less risk to society and to investors from individual smaller company losses. Whereas a large company with inadequate internal controls and/or poor IC reporting may cause thousands of job losses, large losses to share portfolios and individual investors, there is likely to be less overall risk to society and to general investors if a small company slightly misreports the adequacy of its internal controls. It is also likely that small companies do not have widely distributed share ownership, in many cases having the owners being managers. This may mean that shareholders may not need or want the full levels of disclosure of such monitoring compared to larger companies with more distributed share ownership and a greater ‘distance’ between ownership and management.Second, there are also likely to be disproportionate costs (compared to output volumes) of putting systems in place for gathering the necessary ‘evidential matter’. Even when infrastructure is installed, management time is required to prepare evidence of compliance. The preparation and publication of the s.404 report itself can also be disproportionately expensive for a small company because of the fixed costs of report preparation which apply regardless of the variable costs of volumes actually produced.The third reason for exempting smaller companies is that the fixed costs of the infrastructure systems which need to be put into place are disproportionately high for a small company. For a larger company which can allocate the overheads of this investment over a high number of outputs, such costs are manageable or even negligible. For a smaller company with fewer outputs, fixed cost allocation per unit may be seen as unfairly high, especially when cash flow is already very tight and the scope for investment in systems for compliance are very limited.Fourth, the costs of compliance could be a barrier to growth for smaller companies and a disincentive to entrepreneurship.Many believe that any regulation seen as unnecessarily bureaucratic or which does not enjoy the broad support of those affected by it can discourage value creation. This might mean, for example, that affected companies do not grow as quickly as they might, that they may make lower profits and thereby create fewer jobs.3(a)Roles of a nominations committeeNominations committees have five general roles, all of which are concerned with the recommendation of appointments to the board of directors. The first role is to establish the appropriate balance between executive and non-executive directors (NEDs).In some countries, this is influenced by regulation. In the UK, the UK corporate governance code specifies that a half of the whole board should be NEDs. The second role is to ensure that the board contains the requisite skills, knowledge and experience to effectively lead the company and provide leadership. Any identified gaps in these requirements should be filled by new appointments. Third, the nominations committee is concerned with the continuity of required skills, the retention of directors and succession planning. Fourth, it is responsible for determining the most desirable board size given the skill needs, cost constraints and strategies of the company. Finally, the committee is likely to be concerned with issues of diversity and to ensure that the company’s board is adequately representative of the society in which it operates.How to approach the task at HWLIn appointing new directors to the board of HWL, the challenge is finding directors who share the values of the charity and who are also prepared to serve at a market discount. The pressure from Marian Ngogo is to find competent people who match both of these criteria and this is likely to be a substantial challenge.At HWL, the nominations committee could help in several ways with this.。
(完整版)CMMI3访谈问题列表forEPG
EPG访谈1.想问一下你们有专门的过程改进组吗?由哪些人员组成?2.关于组织过程改进方面,是否有相关的方针?方针是谁写的?组织过程定义和组织过程焦点方针分别什么?有相关的方针,这个方针是我们的高层蔡总制订初稿的,我进行了修改,然后提交给蔡总再次审核。
审核通过后,这个方针就做为公司进行CMMI三级过程改进的指导思想。
在这个方针里,对于组织过程定义和组织过程焦点的要求是:过程改进工作是有计划,并被跟踪的,且过程改进工作是一个持续进行的。
成立专让的过程改进小组(EPG)负责此项工作,EPG组的主要职责建立并维护组织级标准软件过程,并在全公司推广这套体系。
收集项目中应用比较好的过程,做为最佳实践,为组织建立并维护财富库,供以后项目参考。
3.你了解公司目前公司的商业目标吗?你是如何将公司商业目标体现在你的过程改进计划或活动中呢?我们能够有效识别客户的业务需求,并提供高质量的客户解决方案,同时秉承服务于客户需求,与客户共同发展的商业理念。
我们在公司进行CMMI过程改进的目的也就是征对公司的这一商业目标,改善软件开发过程,为公司的软件开发提供丰富的模板,并要求项目组按照已定义的过程来执行软件开发过程,提高阶段产品的质量,将问题发现在平时,解决在平时,从而提高产品的质量,提高客户的满意度。
4.你了解公司在过程改进方面投入情况吗?具体提供了哪些资源?了解,公司提供的强有力的人力资源,成立了过程改进组。
提供了有关CMMI的培训,并准备了很多CMMI的资料供大家学习。
(可以扩充)5.过程改进计划是如何制定的?(由谁来审批)过程改进计划是由我来制定的,我是根据差距分析报告中公司现状与CMMI三级的差距而制定的CMMI过程改进计划,计划主要内容由WBS任务分解,过程改进的成员,组间协调计划,配置管理计划,质量保证计划等等,我组织了一次对《过程改进计划》的评审,这次评审邀请了老总和所有的EPG组成员。
评审中我们将发现的问题记录在问题跟踪表中,会后由我来进行修改,然后提交给周总,进行再次审核。
ACCA2013年12月真题
P a p e r P 1Section A –This ONE question is compulsory and MUST be attempted1When the 1,000 km Hiaka pipeline in Wyland was built ten years ago, the route took it, overground, the full length of Hiakaisland, one of Wyland’s largest offshore islands. Owned and operated by Hiaka Energy Company (HEC), its construction was significantly over budget and suffered lengthy delays, but the pipeline has since become a vital source of economic growth on Hiakaisland and beyond. Its purpose is to connect the oil platforms off the north coast of the island with the deepwater port of Hiakatown in the south. A land pipeline to the south is needed because sea ice in the north prevents shipping access during the winter months. The oil carried by the pipeline is loaded onto several ships each day at Hiakatown port. Most of the oil from Hiakaisland is sent to the neighbouring country of Exland, with oil from Hiakaisland representing 90% of Exland’s total oil consumption. Because the contract with HEC is so important to the government of Exland, the terms of supply are subject to legal enforcement with regard to prices charged, delivery terms and the quality of the oil delivered. Because most of its output goes to export, HEC is a major source of foreign currency for Wyland.Hiakaisland is a globally important natural habitat with a dramatic and rugged terrain. It is monitored by several international scientific agencies, some of which were very critical of the decision to build the pipeline in the first place.It is one of very few locations in which some wildlife species threatened elsewhere are still in abundance. There are healthy populations, for example, of bears, elk and otters. One well-respected international wildlife organisation (called Save Our Wilderness or ‘SOW’) produced a report saying that the Hiaka pipeline was not environmentally sustainable and that, over time, it would deteriorate and create an unacceptable environmental risk to Hiakaisland. It said that both the company (HEC) and the government of Wyland needed to adopt longer-term time perspectives and consider the potential environmental consequences of the pipeline. The government of Exland, elected every four years, disputed this, saying that SOW’s definition of sustainability was too narrow and that it should also consider the economic sustainability of Exland. The position of the board of HEC is that its operations should be ‘as sustainable as is economically possible’.Wyland is a developing country with few labour regulations and very little legislation on employee pay and conditions.This has enabled HEC to use a large proportion of poorly-paid immigrant labour to build and maintain the pipeline, thereby reducing its construction and operating costs. Because of the multinational nature of much of the semi-skilled workforce, there are often language difficulties, especially when conveying messages to staff working on the pipeline and on the oil platforms. HEC has a requirement that all staff should speak the language of Wyland, but this has proven to be impossible to enforce.As the main employer on Hiakaisland, HEC employs 5,000 people including some on offshore oil platforms, others in the main southern town of Hiakatown, and others still at a number of remote locations the length of the island at strategic points situated along the pipeline. Because of the remoteness of much of the work on Hiakaisland, conditions are harsh for many of these workers. HEC employees often work in freezing temperatures and live in encampments with intermittent logistical support. Motivation and morale are often low among these maintenance employees.There have been poor industrial relations because of this lack of support. Workers resent the company’s management in Hiakatown for their harsh conditions. These poor relationships have also made it difficult for management to try to enforce the Wyland language requirement upon the immigrant labour. The remote locations and poor conditions have also meant that the company has found it difficult to recruit the skilled technical people it needs to inspect and maintain the pipeline. There is a shortage of qualified engineers and technical staff in Wyland, with many preferring to work in the cities rather than in the more difficult conditions on Hiakaisland.HEC is one of Wyland’s biggest businesses and is listed on the Wyland stock exchange. Because of the nature of the energy market, shareholders have come to expect a good annual return on investment in terms of dividends. One market analyst recently commented that a focus on short-term returns has not been good for the company’s long-term strategy and that shareholders should be prepared to expect lower dividend yields as a result.In order to address the many challenges which the company faced, HEC appointed a new chief executive and risk manager last year. Gavin Hoo was appointed chief executive and Gerry Jupp joined as risk manager. Born and educated in a highly developed country, Mr Hoo had a strong track record in the energy industry and took over at HEC on what was considered a good reward package for his home country. On Hiakaisland, however, the level of reward was very large by local standards, making him the highest paid person not just in the company, but in the entire regional economy of Hiakaisland. When the reward figure was later published in the annual report, the local press and some trade unions were angry, believing that his reward was ‘outrageous’ and that he lived in luxury whilst unskilled immigrant workers ‘froze’ in the maintenance parties working along the length of the pipeline. Some critics pointed to the fact that it was significantly cheaper to live on Hiakaisland than in the major cities on the Wyland mainland and that this was not reflected in Mr Hoo’s rewards at all.2Meanwhile, risk manager Gerry Jupp set about examining the company’s many risks. One of his first tasks was to assess some of the risks which may affect the operation of the pipeline, and he took technical advice on these to arrive at probabilities of the risks arising over the next ten years. It was recognised that there was some subjectivity involved in these measurements.Risk 1.Risk of terrorist attack on any part of the pipeline causing severe spillage and complete supply disruption: 10%.Risk 2. Risk of geological movement and/or earthquake capable of severing the pipeline in more than one place causing severe long-term supply disruption: 5%.Risk 3.Risk of technical failure of a joint in the pipeline causing a temporary supply disruption of a few hours but no leakage of oil: 10%.Risk 4.Risk of animal or natural damage to pipeline (e.g. by bears, elk or adverse weather) causing superficial damage to pipeline but no disruption to supply: 60%.Unfortunately, Risk 4 was realised shortly after Gerry Jupp produced his calculations. At the point where it crossed the Gojo river in northern Haikaisland, the pipeline had a long and unsupported section. During a winter storm, a connection was slightly displaced resulting in a minor oil leak. Although not serious in itself and quickly repaired, the ‘Gojo incident’ did raise concerns and showed that the pipeline was vulnerable. Seeking to protect both the pipeline and the environment on Hiakaisland, the Wyland government’s industry minister wrote to CEO Gavin Hoo asking him to respond to rumours about poor internal controls in HEC and to introduce measures to reduce the chances of a repetition of the Gojo incident.In response to the industry minister’s letter, the HEC board reviewed internal controls and two resolutions were agreed. The first was that the company should establish a formal internal audit function and second, that a full review of any barriers to sound internal controls in the company should be carried out. Although a formal internal audit function was not required by statute law or any stock exchange listing rule in Wyland, the board agreed that it would be good practice, especially if the security and maintenance of the long Hiaka pipeline could be included in the scope (terms of reference) of the internal audit function to be established. It was decided that in responding to the minister, Mr Hoo should convey both the board’s resolve on internal audit and also an honest review of the problems for achieving sound internal controls in the unique situation the company was in on Hiakaisland.Required:(a)The term ‘sustainability’ can be understood in different ways.(i)Explain the concept of ‘sustainable’ as used by ‘Save our Wilderness’ (SOW) and contrast this with theconcept of economic sustainability as discussed by the government of Exland.(4 marks) (ii)Using information from the case, discuss the tensions which exist between these two concepts.(8 marks)(b)Assess the four risks described by Gerry Jupp and propose a suitable risk management strategy for each.Briefly explain why subjective judgement may limit the accuracy of his risk assessments.(10 marks)(c)Briefly explain the meaning of ‘labour market conditions’ in the context of executive pay and criticallyevaluate the decision to award Mr Hoo such a high level of reward in comparison with local rates of pay on Hiakaisland.(10 marks)(d)Prepare the letter from Gavin Hoo, the chief executive of Hiaka Energy Company (HEC), to the Wylandindustry minister. The letter should:(i)Explain the reasons why the implementation of sound internal controls has been difficult at HEC.(8 marks)(ii)Basing your answer on the main roles of internal audit, discuss the ways in which an internal audit function might provide assurances in order to make an effective contribution to HEC.(6 marks) Professional marks will be awarded in part (d) for the format, tone, logical flow and persuasiveness of the letter.(4 marks)(50 marks)3[P.T.O.Section B – TWO questions ONLY to be attempted2The Sarbanes-Oxley legislation in the United States was introduced in 2002, partly in response to the earlier failure of the American energy company, Enron. It was decided by United States legislators that compliance should be enforceable under law rather than under listing rules. At the time it was being debated, some said that the legal enforceability of Sarbanes-Oxley would be unfair to smaller companies without the infrastructure needed to generate internal control data and to report on it. One example of this was the debate over s.404 of Sarbanes-Oxley, which mandated external reporting on the adequacy of internal controls. Before a size criterion was later introduced, this applied equally to all companies but now smaller companies are partly exempted from this requirement.In its advice on this requirement, the United States Securities and Exchange Commission (SEC) published the following comments:The rules we adopted in June 2003 to implement s.404 of the Sarbanes-Oxley Act of 2002 (‘Sarbanes-Oxley’) require management to annually evaluate whether internal control over financial reporting (ICFR) is effective at providing reasonable assurance and to disclose its assessment to investors. Management is responsible for maintaining evidential matter, including documentation, to provide reasonable support for its assessment. This evidence will also allow a third party, such as the company’s external auditor, to consider the work performed by management.Required:(a)Distinguish between rules and principles-based approaches to the regulation of corporate governance, andexplain the disadvantages of a rules-based system such as Sarbanes-Oxley in the United States.(7 marks)(b)Define ‘agency’ in the context of corporate governance and discuss the benefits to shareholders of‘maintaining a system of internal control over financial reporting’ in a rules-based jurisdiction.(10 marks)(c)Construct the case to exempt smaller companies from the full reporting requirements of s.404 of theSarbanes-Oxley Act 2002.(8 marks)(25 marks)43‘Help-with-life’ (HWL) is a charitable organisation established ten years ago. Its stated purpose is, ‘to help individuals and families with social problems and related issues.’ Its work, in a large city with people from many countries and backgrounds, involves advising, counselling, giving practical support to service users (the people who come for help).Over the years it has been operating, HWL has realised that the best outcomes are achieved when the staff member understands and sympathises with the service users’ social norms, ethical and cultural beliefs.40% of HWL’s funding comes from local government. This means that HWL has to account for its use of that portion of its funding and comply with several rules imposed by local government. One of these rules concerns demonstrating appropriate diversity amongst the managers of services such as those delivered by HWL. It requires the charity management team to involve the widest feasible range of people and to reflect the demographic make-up of the community.HWL has recently had to replace a number of executive and non-executive members of its board. The external auditor suggested that setting up a nominations committee would help in these board appointments. The CEO, Marian Ngogo, has always stressed that all directors should share the ethical values of HWL and agree to take reduced rewards because, ‘every dollar we pay a director is a dollar less we are spending on service delivery.’ She stressed that the culture in a charity was very different from a commercial (‘for profit’) business and that staff and directors must share the ethical stance of HWL and had to accept a different approach to social responsibility if they joined.Required:(a)Explain the roles of a nominations committee and describe how the Help-with-life (HWL) nominationscommittee might approach the task of nominating and appointing new directors.(8 marks)(b)Explain the advantages of diversity on the board of HWL.(8 marks)(c)Explain ‘corporate social responsibility’ (CSR) and discuss the ways in which CSR and the ethical stancemight differ between HWL and a commercial ‘for profit’ business.(9 marks)(25 marks)5[P.T.O.4 A technological failure occurred at Lobo Company last year. A new computer system which was designed to controlLobo’s complicated operational facility broke down shortly after it was installed. This meant that the company was unable to carry out production processes normally for several days.The cause of the failure was later found to have been a system specification error made by Frank Bub, the operations director and a professional engineer. He had seriously miscalculated the capacity needed for the new system and had ordered a computer system which was unfit for purpose. Not only had this resulted in the loss of several days of production and a loss of loyalty and goodwill from customers and others, it also cost a large amount to repair and upgrade the system to be able to cope with the actual demands placed upon it.Frank Bub acknowledged that he had over-ridden normal procurement procedures in purchasing the system. But he was thought by his colleagues to be such a competent engineer, it was not felt necessary for anybody else in the company to discuss the purchase with the suppliers. His fellow directors believed that Mr Bub would exercise the judgement needed to purchase and implement the new system. Because the system was needed urgently, there was no time to run it in ‘pilot mode’ or to test it on site before it was fully installed. When he was asked about the failure, Frank Bub said that he decided to buy the system in question because an old friend had recommended it and that he saw no need to take further advice beyond that.The non-executive directors met after the incident and collectively decided that Frank Bub, who had nine months remaining on his renewable three year contract, had lost the confidence of the board and should leave the company at the earliest opportunity. It was decided to move him to a non-critical role until such time as it was possible to remove him as cheaply as possible.Required:(a)Directors may leave the service of a board in several ways.(i)Describe the main ways in which the directors of companies can leave the service of a board.(3 marks)(ii)Justify an appropriate way for Frank Bub to leave the board of Lobo Company, based on the circumstances of the case.(5 marks)(b)Briefly explain ‘technological risk’ and discuss the problems which led to the technological failure at Lobo,commenting on how these might affect shareholder confidence in the entire board.(8 marks)(c)You may assume that, as a professional engineer, Frank Bub is bound by the same fundamental principles ofprofessional ethics as a professional accountant and must act in the wider public interest.Required:Discuss the fundamental principles of professional ethics which Frank Bub failed to observe and explain how an awareness of his duty to the public interest may have prevented his errors.(9 marks)(25 marks)End of Question Paper6。
OHSMSCCAA注册审核员考试审核知识2019.11试卷
OHSMSCCAA注册审核员考试审核知识2019.11试卷OHSAS CCAA注册审核员考试2019.11真题(审核)⼀.单选题:1.依据G B/T19011-2013标准的要求,针对向导与观察员的描述错误的是()。
A他们可以陪同审核组B他们不应影响或⼲扰审核的进⾏c.审核组长有权拒绝观察员参加特定的审核活动D.他们可以代表受审核⽅对审核进⾏见证2.依据I S O/I EC17021-1标准,对于审核中发现的不符合,认证机构要求客户()分析原因,并说明为消除不符合已采取的措施或拟采取纠正和纠正措施。
A.针对已经发现的不符合B.30天内C.在规定的期限内D.以上都是3.依据I S O/IE C17021-1标准,以下那项是不属于认证机构对客户做出的与认证有关的决定()。
A.授与证书B.保持证书C.更新、扩⼤、缩⼩、暂停和撤销证书D.特殊审核通知4.审核的⽬的最终由()决定。
A.审核组长B.审核委托⽅C顾客D.认证机构5.职业健康安全管理体系第⼆阶段审核的⽬的有()。
A.验证第⼀阶段的合理性B.确定受审核⽅是滞满⾜认证注册的要求C审核组全⾯评估受审核⽅的职业健康安全管理体系的绩效D.以上都正确6.随着现场审核活动的进展,若出现任何要改变审核范围的任何情况,应当经()评审与批准。
A.审核委托⽅与认证机构B.受审核⽅与认证机构C审核委托⽅和审核组D.审核委托⽅和受审核组7.组织危险源辨识⼯作应该由()来完成。
A.掌握职业健康安全风险管理原理和⽅法的⼈员B.专业技术⼈员C.⽣产操作⼈员D.包括以上⼈员8.在审核中,判断合法的原则是()。
A.企业有法⼈资格B执⾏者有单位主管的授权书9.审核的启动可以涉及以下的哪⼀⽅⾯的⼯作()。
A..确定审核的⽬的、范围和准则B.确定审核的可⾏性C.编写审核检查表D. 制订审核计划10.以下那个⽂件不必描述审核范围()A..审核计划B.审核报告C..审核作业指导书D.认证证书11. 检查表的主要内容包括()。
- 1、下载文档前请自行甄别文档内容的完整性,平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益,请联系客服反馈,我们会尽快为您处理(人工客服工作时间:9:00-18:30)。
EXAMINER: Phil Ormrod/Claire MallanaphyDEPARTMENT: ULMS TEL. NO: x53505/x52482JANUARY EXAMINATIONS 2013Auditing Theory and PracticeTIME ALLOWED: Three HoursINSTRUCTIONS TO CANDIDATESAnswer Question 1 in Section A and any TWO questions from Section B. Three questions in all.SECTION AQuestion 1THIS QUESTION MUST BE ATTEMPTEDYour firm has recently been appointed as auditor of Prenton Ltd. The company owns a chain of 30 UK-based retail stor es, selling luxury Italian ladies‟ clothing and accessories. The company operates a central UK-based warehouse from which it supplies all 30 stores with inventory.The company purchases its inventory from a small number of major fashion wholesalers based in Italy. The majority of inventory items are the previous year‟s designs, which the wholesalers supply to Prenton at discounted prices. Prenton places all its orders centrally three times a year, coinciding with the Spring, Summer, and Winter seasons. All transactions are conducted in euro and payment is due in full on arrival of the goods in the UK.Most of the Penton‟s sales are conducted by cash, cheque, or credit card. In order to remain competitive with other major high street retailers, the company offers a returns policy to its customers which allows goods to be returned to the store within a reasonable time of purchase, for any reason, with a full refund offered. Goods returned under this policy are then sold on in bulk through the trade, sometimes at less than their original cost to Prenton.Clothes are transferred between stores when there is a shortage of some items of clothing at one store and a surplus at another. Initial audit testing has discovered that there are poor accounting records for these transfers.Prenton‟s managing director, aged 60, is also the company‟s main shareholder. He adopts a very hands-on approach to the business; he is involved in all major decisions and rarely delegates. He is known for his lavish lifestyle and in order to finance this he seeks each year to grow the business and improve upon the previous year‟s profitability.The company has recently acquired new offices adjacent to its central warehouse. The purchase was financed by significant bank borrowings under fixed-term loans, which require annual capital repayments.Required(a) Describe and distinguish the different elements of audit risk (i.e. inherent risk, control riskand detection risk) according to ISA 315 and ISA 330.(10 marks)(b) Identify, from the circumstances outlined above, the factors which indicate high audit risk inrespect of the audit of Prenton Ltd and, for each factor identified, explain why it contributes to high audit risk.(18 marks)(c) Explain, and critically appraise, the internal controls which Prenton Ltd should put in placeto ensure the complete recording of sales and safe custody of cash.(12 marks)Total: 40 marksSECTION BQuestion 2(a)Explain the term professional scepticism in the context of an audit and provide examples ofhow this concept may be applied.(15 marks)(b)You are a senior on the audit of Lapdog Ltd for the year ended 31 December 2012. You arecurrently reviewing the payroll section of the working papers, which have been prepared bya junior member of the audit team. The audit junior has commented as follows:…Several new employees have been added to the company‟s payroll during the year, withtotal payments of £125,000 being made to them. There does not appear to be anyauthorisation for these additions to the list of employees. When I questioned the payrollsupervisor who made the amendments, she said that no authorisation was neededbecause the new employees are only working for the company on a temporary paidinternship from university. However, when discussing staffing levels with management, itwas stated that no new employees have been taken on this year. Other than the tests ofcontrols, no other audit procedures have been performed.‟RequiredIn relation to the audit of Lapdog Ltd:(i)explain how professional scepticism may apply to the audit of payroll.(ii)recommend any further actions that should be taken by the audit team.(15 marks)Total: 30 marksQuestion 3“Common law in the UK and the Companies Act 2006 have made suc cessful litigation against negligent auditors, by both shareholders and third parties, increasingly difficult. These changes have been both in terms of, who can successfully litigate against auditors, and of the conduct which would constitute negligent beh aviour.”RequiredExamine the validity of this statement, clearly distinguishing contract law litigation from claims under the tort of negligence.Total: 30 marksQuestion 4(a) “The postulates approach to auditing has failed to develop any c oherent theory of auditing,or even any testable hypotheses about the nature and function of auditing in the modernbusiness environment. In essence, the various attempts at developing a postulatesapproach have done little more than set out some basic, and self-evident, propositionsabout auditing.”RequiredAssess the validity of the above statement. Refer to attempts made in the literature todevelop a postulates approach to auditing.(15 marks)(b)Critically appraise the extent to which agency theory can explain each of the following:(i)the willingness of companies to engage external auditors on a voluntary basis whenthere is no legal requirement to do so;(ii)the willingness of companies to engage quality-differentiated auditors when the cost of doing so is greater than other audit firms; andIn each case refer to relevant research, including empirical evidence.(15 marks)Total: 30 marksQuestion 5(a)Compare and contrast the nature and purposes of a statutory audit with an assuranceassignment. You should consider both reasonable assurance and limited assuranceassignments.(15 marks)(b)Examine the nature and usefulness of the concept of materiality according to ISA 320,Materiality.(15 marks)Total: 30 marksQuestion 6(a)The audit firm for which you work has been asked to provide the following additional services to existing audit clients:(1) Providing taxation services to the company and its directors.(2) Providing accountancy services, including preparing periodic management accounts andannual financial statements.(3) Providing management consultancy, including advice on new computer systems andsystems of internal control.(4) Preparing confidential reports to the company‟s bank and other lenders on the financialposition of the client. The conclusions of these reports are not made available to the audit client.RequiredFor each of the four situations listed above explain:(i) the threats to independence arising from the additional work; and(ii) the ways in which your audit firm could set up ethical safeguards to reduce the effects on independence arising from the provision of these additional services.(16 marks)(b)Explain and clearly distinguish the following threats to independences in the context of astatutory audit engagement: (i) self interest threat; and (ii) self review threat. Provideexplained examples of each threat to independence and the associated ethical concerns.(14 marks)Total: 30 marks。