"Appointment and Dismissal of Officers" 2017 Condominium Management Consultant Exam Question 26 | No. 47 | Exam Preparation for Condominium Management Consultant and Management Business Chief
This time, the question is about how to select and dismiss officers.
At first glance, there may be options that look correct and make you want to skip over them.
But actually... this question had an extremely low correct answer rate.
[If you are short on time, just read this! Summary of key points]
The correct answer is "3 are inappropriate"
An external expert does not automatically lose their position if they are no longer a union member (B)
Dismissal of an auditor is done by the general meeting, not the board of directors (C)
The board of directors decides the positions of the directors (D)
A is appropriate because it is content permitted by the Standard Management Bylaws
[Problem Statement]
*Source: 2017 Condominium Management Consultant Exam Question 26
Regarding the following descriptions about the appointment of officers, etc., according to the Standard Management Bylaws, how many are inappropriate?
A: It is possible to stipulate in the bylaws that half of the officers are to be re-elected and that the term of office for officers is two years.
B: If it is decided that an external expert can be appointed as an officer, and that external expert becomes a union member after being appointed as an officer, and subsequently that external expert is no longer a union member, they naturally lose their status as an officer.
C: An auditor who is constantly absent from board meetings without a justifiable reason can be dismissed by a resolution of the board of directors.
D: The appointment of directors shall be by resolution of the general meeting, and the positions of each director shall be decided among the appointed directors.
[Summary of the problem statement]
1: Is it okay to have half of the officers re-elected and a 2-year term?
2: Do they automatically lose their job if an external expert is no longer a union member?
3: Can an auditor be dismissed by the board of directors?
4: Are the positions of directors decided among the selected directors?
[Rough judgment of each option]
Question 1: O (Appropriate)
-> Permitted by the Standard Management Bylaws.
Question 2: X (Inappropriate)
-> They can continue as an external expert even if they are not a union member.
Question 3: X (Inappropriate)
-> Dismissal requires an ordinary resolution of the general meeting.
Question 4: X (Inappropriate)
-> Deciding positions is the role of the board of directors.
[Explanation of Uncle Cat's stumbling points]
This question is also a vicious trick question.
The knowledge required for the question is not very difficult.
It is the level of knowledge that you would likely not get wrong if you have solved past exam collections once or twice.
Despite this, the correct answer rate for this question is only about 10%.
It seems about 80% of people answered that there were "two" inappropriate statements.
Here is the sentence that trapped nearly 80% of people.
The appointment of directors shall be by resolution of the general meeting, and the positions of each director shall be decided among the appointed directors.
This is statement E, which corresponds to Question 4.
Directors are chosen at the general meeting.
Director positions are chosen at the board of directors meeting.
I think most people have this understanding.
However, the answer to this question is treated as inappropriate.
I held my head in my hands, thinking, "I don't get it, why!?"
"Isn't it fine to decide the positions of each director among the appointed directors!"
"They are deciding it among the directors, aren't they?"...
But the intent of the question text is that
"decided among the directors"is an expression that differs from"decided at the board of directors meeting"as stated in the Standard Management Bylaws.
It seems this is interpreted as "not decided at the board of directors meeting."
If that's the case, could you at least not ask "how many mistakes are there?"
If it were a question of "which one is appropriate?", I think you could at least get the correct answer rate to about 50% using the process of elimination.
I can feel a strong will that says, "I won't let you get this question right."
"Decided among the appointed directors" = an expression that makes you mistakenly think it means the board of directors.
...Seriously... is this necessary to get the qualification?
...Isn't it at a level where the necessary knowledge is almost irrelevant?
[Summary of how to memorize and think]
There are items regarding the term of office and selection method of officers that are "fine if stipulated in the bylaws"
It is not essential for external experts to be "union members"
Dismissal of directors and auditors is carried out by "ordinary resolution of the general meeting"
The decision of director positions is carried out at the "board of directors meeting" (← This is a super trick!)
[🌀 Trick Prediction]
"Decided among the appointed directors" → Looks correct at first glance, but it's out!
Union member qualification for external experts → It's okay even if they don't have it
Easy to confuse the roles of the board of directors and the general meeting → Which one has the authority to dismiss?
📚 Be sure to check out the related articles too!
▶️ Let's organize the difference between the board of directors and the general meeting | No. 107
Explains the boundary between board of directors resolutions and general meeting resolutions through actual past exam questions.
It is directly linked to this theme of "which one decides the appointment/dismissal?"
▶️ Organize the handling of vacancies and replacements of directors! | No. 78
An article that deals with mid-term replacement and supplementary procedures for officers.
It is highly relevant in the same "system/organization" area of the Standard Management Bylaws and can deepen your understanding.
Trick questions, like the one in this problem, are common.
That is precisely why you should get caught by them as much as possible while studying before the actual exam.
Even if you get tripped up and fall, you will remain unscathed as long as it is not the actual exam!