问题 单项选择题

某上市公司经理在执行公司职务时违反公司章程,给公司造成了损失,具有法定资格的股东经向监事会提出向人民法院提起诉讼的书面请求后遭拒绝的,有权为了公司的利益以自己的名义直接向人民法院提起诉讼。根据《公司法》的规定,该具有法定资格的股东是( )。

A.连续90日以上单独或者合计持有公司1%以上股份的股东

B.连续90日以上单独或者合计持有公司5%以上股份的股东

C.连续180日以上单独或者合计持有公司1%以上股份的股东

D.连续180日以上单独或者合计持有公司5%以上股份的股东

答案

参考答案:C

解析: 本题考核股东代表诉讼的规定。根据规定,公司董事、高级管理人员执行公司职务时违反法律、行政法规或者公司章程的规定,给公司造成损失的,股份有限公司连续180日以上单独或者合计持有公司1%以上股份的股东,可以书面请求监事会向人民法院提起诉讼。如果监事会对此拒绝提起诉讼的,股份有限公司连续180日以上单独或者合计持有公司1%以上股份的股东,有权为了公司的利益以自己的名义直接向人民法院提起诉讼。

单项选择题

The appeal of advertising to buying motives can have both negative and positive effects.

Consumers may be convinced to buy a product of poor quality or high price because of an advertisement. For example, some advertisers have appealed to people’s desire for better fuel economy for their cars by advertising automotive products that improve gasoline mileage. Some of the products work. Others are worthless and a waste of consumers’ money.

Sometimes advertising is intentionally misleading. A few years ago a brand of bread was offered to turned out that the bread was not dietetic (适合节食的), but just regular bread. There were fewer calories because it was sliced very thin, but there were the same number of calories in every loaf.

On the positive side, emotional appeals may respond to a consumer’s real concerns. Consider fire insurance. Fire insurance maybe sold by appealing to fear of loss. But fear of loss is the real reason for fire insurance. The security of knowing that property is protected by insurance makes the purchase of fire insurance a worthwhile investment for most people. If consumers consider the quality of the insurance plans as well as the message in the ads, they will benefit from the advertising.

Each consumer must evaluate her or his own situation. Are the benefits of the product important enough to justify buying it Advertising is intended to appeal to consumers, but it does not force them to buy the product. Consumers still control the final buying decision.

It can be inferred from the passage that a smart consumer should ().

A. think carefully about the benefits described in the advertisements

B. guard against the deceiving nature of advertisements

C. be familiar with various advertising strategies

D. avoid buying products that have p emotional appeal

问答题 简答题