问题 单项选择题

甲公司拟分立成乙公司和丙公司,原甲公司所欠丁银行的100万元贷款由乙公司和丙公司按照所分取资产的比例清偿。该协议通知了丁银行,但丁银行未作表示。后乙公司清偿了所欠债务,丙公司无力偿还债务。丁银行诉至法院,要求乙公司承担清偿债务的责任。经查,乙公司分得甲公司30%的资产,丙公司分得甲公司70%的资产。本题中,甲公司的债务应如何承担( )

A.由乙、丙公司按照分得资产比例清偿 B.由乙、丙公司各承担一半
C.由乙、丙公司负连带责任

D.由丁银行决定如何承担

答案

参考答案:C

解析:本题涉及公司分立后债务承担问题。公司分立前的债务由分立后的公司承担连带责任。但是,公司在分立前与债权人就债务清偿达成的书面协议另有约定的除外。本题中,甲公司分立成乙、丙公司,虽就所欠丁银行的债务达成协议,但该协议并未取得债权人丁银行的同意,债务承担协议未经债权人同意的,对债权人不发生效力。故乙、丙公司仍然应对甲公司的债务负连带责任。当然,乙、丙就债务承担所达成的协议,在乙、丙公司之间具有效力。乙公司承担超过所约定份额的债务后,有权向丙公司追偿。本题答案为C。

单项选择题
阅读理解

阅读理解

     When we think of leadership, we often think of strength and power.But what are these really, and

how do they operate?

     Leadership today is not about forcing others to do things.Even if this is possible, it is shortterm, and

tends to produce unexpected and unwanted results.If you order someone to do something against their

will, they may do it because they feel they have to, but the anger they feel will do more harm in the long

term.They will also experience fear.

     Fear causes the thinking brain to shut down, making the person unable to function at his or her best.

If they connect you with this emotion of fear, they will become less functional around you, and you will

have succeeded in not only shooting yourself in the foot, but possibly making a very good employee or

partner unable to perform effectively.Fear does no good to leadership.

     The way we influence people in a lasting way is by our own character, and our understanding and use

of emotion.We can order someone to do something, which may be part of the work day; or we can

employ them at the emotional level, so they will become fully devoted to the projects and provide some

of their own motivation.Today's work place is all about relationships.

     Anyone works harder in a positive environment in which they're recognized and valued as a human

being as well as a worker.Everyone produces just a bit more for someone they like.Leaders understand

the way things work.They know the pay check is not the single most important factor in the work life of

most people.

     The true strength of leadership is an inner strength that comes from the confidence of emotional

intelligence-knowing your own emotions, and how to handle them, and those of others.Developing your

emotional intelligence is the single best thing you can do if you want to develop your relationship with

people around you, which is the key to the leadership skills.

1.  The writer thinks that it is not________for us to connect leadership with strength and power.

A.  possible 

B.  necessary

C.  easy  

D.  effective

2.  People may NOT be working hard when________.

A.  they're regarded as human beings

B.  they like their leaders

C.  money is taken as the most important

D.  leaders understand the way things work

3.  From the passage, we can conclude that________is the key to making a good leader.

A.  developing one's emotional intelligence

B.  in fluencing others in one's own way

C.  producing some unexpected results

D.  having confidence in one's ability

4.  This passage is most helpful to those who________.

A.  have strength and power

B.  are going to make a speech

C.  would like to be leaders

D.  are to be excellent employees