问题 单项选择题

某城市商业银行在合并多家城市信用社的基础上设立,其资产质量差,经营队伍弱,长期以来资本充足率、资产流动性、存贷款比例等指标均不能达到监管标准。请根据有关法律规定,回答下列题。

经采取处置措施,该银行仍不能在规定期限内恢复正常经营能力,且资产情况进一步恶化,各方人士均认为可适用破产程序。如该银行申请破产,应当遵守的规定是:

A.该银行应当证明自己已经不能支付到期债务,且资产不足以清偿全部债务

B.该银行在提出破产申请前应当成立清算组

C.该银行在向法院提交破产申请前应当得到中国银监会的同意

D.该银行在向法院提交破产申请时应当提交债务清偿方案和职工安置方案

答案

参考答案:C

解析: 商业银行的破产
商业银行是特殊的公司,在破产:方面,应优先适用《商业银行法》的特殊规定而不是《破产法》和《公司法》的一般规定。与一般企业破产相比,商业银行的破产有几点特殊之处需要考生注意:首先,不能支付到期债务是商业银行破产的唯一原因;其次,商业银行在破产之前,可能经历银监会接管,但不存在与债权人的和解程序;再次,商业银行的破产需银监会同意,在破产清算方面,银监会相关人员也必须是清算组成员;最后,商业银行的破产清偿顺序中,个人储蓄存款的本金和利息排在清算费用和职工工资和劳保之后,优先于其他债权受偿。本题就是考查了商业银行破产的几点特殊之处。
《商业银行法》第71条规定,商业银行不能支付到期债务,经国务院银行业监督管理机构同意,由人民法院依法宣告其破产。商业银行被宣告破产的,由人民法院组织国务院银行业监督管理机构等有关部门和有关人员成立清算组,进行清算。商业银行破产清算时,在支付清算费用、所欠职工工资和劳动保险费用后,应当优先支付个人储蓄存款的本金和利息。据此,A选项是错误的,因为商业银行只需证明自己不能支付到期债务即达到了破产申请的条件;B选项也错误,因为清算组应当在商业银行的破产申请得到银监会同意后由人民法院组织各部门和有关人员成立,且应当包含银监会等有关部门和相关人员,商业银行不得自行设立;C选项符合本条第1款的规定。
根据《破产法》第8条的规定,向人民法院提出破产申请,应当提交破产申请书和有关证据。破产申请书应当载明下列事项:(1)申请人、被申请人的基本情况;(2)申请目的;(3)申请的事实和理由;(4)人民法院认为应当载明的其他事项。债务人提出申请的,还应当向人民法院提交财产状况说明、债务清册、债权清册、有关财务会计报告、职工安置预案以及职工工资的支付和社会保险费用的缴纳情况。债务人申请公司破产时,需要提交的材料没有债务清偿方案。D选项错误。

单项选择题
阅读理解

When I decided to quit my job as a wedding photographer, I was in my late twenties, fresh from my divorce from Bob who had left me empty and confused. I decided to leave the US and travel. I had no savings, plus more than $5,000 in debt. What I did have were two sponsored tasks as a travel photographer- and with that along, I thought, it would be easy.

My first experience was a road trip from Toronto to Las Vegas, paid for by a car delivery service. Other trips followed and then I started a travel blog (博客). It was intended to be my calling card for assignment travel photography. Yet even with my blog and past experience, email after email I sent to publications, trying to get work, went unanswered. When they did get in touch, editors told me that I had no chance of making a career with travel photography. While I struggled to get on the path that I wanted, and as I expanded my blog to help get me there, I found myself wearing the hat of a full-time blogger.

Luckily, I got in at the right time. It was 2010,and the travel industry was just starting to turn its attention to bloggers. As I never could have predicted, my blogging-not my photography-did take me around the world successfully. At first,I thought it was for personal reasons, but I realized later that it was for free marketing for my blogging.

Within two years, I was being asked to speak at travel blogging conferences, which helped me to raise a network of friends around the world. Even more meaningful, however, was when I saw that my travels were also helping other people. My blog and social media followers saw that I chased my dreams and told me over and over again how they needed that kind of example, which was absent in their lives elsewhere.

小题1:After the author quit her job, she decided to ______.

A.divorce her husband

B.be a wedding photographer

C.pay off all her debt

D.go travelling abroad小题2: What can we learn about the author from the 2nd paragraph?

A.She paid money to a car delivery agency for a road trip.

B.She realised his dream of becoming a travel photographer.

C.She got a job as an editor in a publishing house.

D.She finally became a professional blogger unintentionally.小题3:The author believed her success mainly resulted from ______.

A.her personal reasons

B.her photographing skills

C.free marketing for blogging

D.booming of travel industry小题4: What did the author think of her two years' work?

A.Inspiring.

B.Appealing.

C.Interesting.

D.Challenging.