问题 单项选择题

甲、乙、丙、丁四人拟共同出资设立一贸易有限责任公司,注册资本为100万元。其草拟的公司章程记载的下列事项中,不符合公司法律制度规定的是()

A.公司由经理担任法定代表人

B.公司不设监事会,由乙担任监事

C.股东向股东以外的人转让股权,应当经其他股东过半数同意

D.甲乙丙丁首次出资额各为5万元,其余部分出资自公司成立之日起3年内缴足

答案

参考答案:D

解析:

(1)选项A:公司法定代表人依照公司章程的规定,由董事长、执行董事或者经理担任;

(2)选项B:股东人数较少或者规模较小的有限责任公司,可以设1~2名监事,不设立监事会,不设立监事会的,可以不考虑职工代表的问题;

(3)选项C:有限责任公司的股东对外转让股权时,先看公司章程的规定,只有公司章程未规定,才适用《公司法》的规定(经其他股东过半数同意);

(4)选项D:有限责任公司“全体股东”的首次出资额不得低于注册资本的20%,也不得低于法定的注册资本最低限额,其余部分由股东自公司成立之日起2年内缴足,其中投资公司可以在5年内缴足。

解答题
阅读理解

阅读理解。

     For almost two months, Dominic York, a 23-year-old hairdresser, wandered about hospitals at night,

wearing a white coat and pretending he was a doctor. Yesterday he proudly claimed in court that despite

his complete lack of medical experience or qualifications, he had saved several people's lives. He has even

been allowed to assist a surgeon (外科医生) during an emergency operation on a patient who was about

to die on something she had eaten.

     "I watched one of those TV dramas about a hospital and suddenly I felt like playing one of the roles

myself. So I put on a white jacket and a stethoscope (听诊器) and walked around one of the biggest

hospitals in London. At first I just watched. Once you learn how doctors talk to patients, nurses and other

doctors, it's easy to take people in." he said.

     One of the patients he treated was Laura Kennan. She had been knocked down by a car and fainted.

When she came to hospital, York was standing over her.

     "He looked very professional. He told me his name was Doctor Simon. Then he gave me some sort of

injection," she said. And then he suddenly cleared off when a nurse asked who he was. She didn't think

there was anything wrong. "I would never have realized he was a fake if a policewoman hadn't showed me

his photograph a week later. When the policewoman told me who he really was, I could hardly believe my

ears."

     Judge Raymond Adams told York that he was "shocked and horrified" that he got away with his cheating

for so long, and then sentenced him to eighteen months in a special prison for criminals with mental disorders.

     "I can only hope that this will not lead to further problems. After all, you will have considerable opportunity

to study the behavior of the psychiatrists (精神科医生) who will look after you while you are there. If you

try to persuade people that you yourself area psychiatrist after you are set free, I shall make sure that you are

given a much longer sentence," Judge Adams warned York.

1. York was proud of' the fact that _____. [ ]

A. people thought he could become a real doctor

B. a surgeon let him watch an operation

C. he could perform some duties of a doctor

D. he had cheated doctors for so long

2. York learned how to behave like a doctor by _____. [ ]

A. observing doctors while he was a patient

B. watching other doctors work

C. talking to doctors and nurses

D. getting some training and experience

3. Why was Laura Kennan in hospital? [ ]

A. She had lost consciousness while driving.

B. She had swallowed something and almost died.

C. She had to have an emergency operation.

D. She had been injured in a road accident.

4. The judge's remark implied that York would be more severely punished if he _____. [ ]

A. studied the behavior of the psychiatrist

B. pretended to be a psychiatrist

C. tried to get away from prison

D. was proud of what he had done