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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 4Question 60
    Easy2 marksMultiple Choice
    Corporate and Business LawSection BSyllabus HCorporate CrimeMTQ
    This question is part of a case study — click to read the full scenario(Case 58)

    SCENARIO 5: Titanium Foundry Ltd went into insolvent liquidation on 1 November. Six months prior, on 1 May, when the company was already hopelessly insolvent, the directors granted a floating charge over the company's inventory to a connected person (the CEO's brother) to secure an old, existing debt of £50,000. No new money was advanced to the company.

    Under Section 245 of the Insolvency Act 1986, what is the status of this floating charge?

    View full case study page →

    ACCA · Question 60 · Corporate and Business Law

    SCENARIO 5: Titanium Foundry Ltd went into insolvent liquidation on 1 November. Six months prior, on 1 May, when the company was already hopelessly insolvent, the directors granted a floating charge over the company's inventory to a connected person.

    During the liquidation, the external auditor discovers that the directors had been hiding stolen funds in the company accounts. The auditor files a Suspicious Activity Report (SAR) with the National Crime Agency. The auditor then calls the directors to warn them that the NCA is investigating. What offence has the auditor committed?

    Answer options:

    A.

    Failure to disclose.

    B.

    Money laundering.

    C.

    Tipping off under the Proceeds of Crime Act 2002.

    D.

    Breach of confidentiality.

    How to approach this question

    Identify the specific money laundering offence related to warning a suspect.

    Full Answer

    C.Tipping off under the Proceeds of Crime Act 2002.✓ Correct
    Under Section 333A of the Proceeds of Crime Act 2002, it is a criminal offence to 'tip off' a person. This occurs when someone in the regulated sector (like an auditor) discloses that a Suspicious Activity Report (SAR) has been made, or that a money laundering investigation is being contemplated or carried out, and that disclosure is likely to prejudice the investigation.

    Common mistakes

    Confusing 'tipping off' with 'failure to disclose'.
    Question 59All questions

    Practice the full ACCA LW — Corporate and Business Law Practice Exam 4

    60 questions · hints · full answers · grading

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