National Repository of Grey Literature 252 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Advance payments of the share in the profit of limited companies
Bastlová, Michaela ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Advance Payments of the Share in the Profit of Limited Companies Abstract This thesis deals with advance payments of the share in the profit concerning the limited companies. Its aim is to analyse in more detail this for practice relatively new legal institute, to deal with its relatively brief regulation in the Business Corporations Act, and to offer possible solutions to some still doctrinally unfinished issues. It also attempts to outline the wider context of the current legislation of advances of the share in the profit, especially their historical development, relevant European law and also some foreign legal regulations. The amendment to the Business Corporation Act, which is currently under consideration, is reflected as well. The thesis is divided into four main parts. The first part defines conceptually advances in civil law and advances of the share in the profit. The regulation of advances of the share in the profit and its historical development is introduced, and the possibilities of using this institute are listed. In the second part, the particular conditions for the paying of advances of the share in the profit are analysed in detail. Among other things, the issue of time applicability of the interim financial statements is also examined, together with its possible replacement by an ordinary...
Duty of members of elected bodies and other persons to prevent threatened insolvency of business corporation and consequences of breach of the duty
Beneš, Tomáš ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
Duty of members of elected bodies and other persons to prevent threatened insolvency of business corporation and consequences of breach of the duty Abstract This diploma thesis deals with the area of civil, commercial and insolvency law. It focuses in particular on the duty of directors of a business corporation and other persons to prevent threatened insolvency with emphasis on the legal regulation of the consequences of breach of such duty. This diploma thesis is divided into four main chapters, where the most important one is the second chapter. The chapters in the diploma thesis flow continuously and logically which facilitates the reader's orientation in the subject. The first chapter defines the basic terms related to the discussed topic which are subsequently used throughout the diploma thesis. Emphasis is placed on the duty of care, whose breach is a prerequisite for the application of the sanctions described in the second chapter. The second chapter deals with the consequences of the breach of the duty to prevent threatened insolvency. The consequences are analysed in detail and the issues over which the legal consensus is missing are set out in the analysis. Different views on these uncertain points in the legislation are set out, and the thesis takes a critical approach in this matter and...
New Czech corporate group law - the French Rozenblum concept, the German Konzernrecht or a third approach?
Bilecová, Zuzana ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
Title of the thesis: New Czech corporate group law - the French Rozenblum concept, the German Konzernrecht or a third approach? This thesis aims to analyse the legal regulation of groups of companies in the Czech Republic after the recodification of private law, set against the backdrop of the French concept Rozenblum and the German model of regulation of groups of companies. The references and comparison with the Italian legal regulation as well as with model company statute European Model Company Act are also made in the corresponding parts of the thesis. The thesis is divided into three chapters. The first chapter describes the main characteristics of the two important regulatory models of groups of companies in Europe, namely the German and the French model, and forms a basis for the analysis in the following chapters. The chapter then proceeds to outline the legal framework governing groups of companies in Italy as well as the regulation proposed for groups of companies in European Model Company Act and to describe the development of reflections and approaches of the European Union towards the phenomenon of groups of companies. The second chapter deals with the description of group of companies. Firstly, there is an attempt to characterise a corporate group in general, followed by its legal...
Invalidity, nullity and ineffectiveness of a resolution of general meeting and other bodies of a limited company
Šutko, David ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Invalidity, nullity and ineffectiveness of a resolution of general meeting and other bodies of a limited company Abstract This Master's thesis deals with the issue of invalidity of the resolutions of the general meeting of capital companies in the applicable private law of the Czech Republic. The introduction of this Master's thesis covers the historical development of legislation concerning the general regulation of the limited liability company and the joint stock company with a certain focus on good morals and the invalidity of the resolutions of the general meeting of the capital companies in the territory of the Czechoslovak Republic and its successor state departments. Chapter on the legal nature of the resolutions of the general meeting follows on from this historical definition. Similarly as in the case of historical development, legal nature of the resolutions of general meeting is first addressed in historical context, more specifically before the year 2014. The purpose of this analysis is to define the basic theoretical assumptions, which are also applicable to the legal nature of the resolutions of the general meeting at the time of applicability of the Civil Code and the Business Corporations Act. The chapter is concluded with a finding that the change in the legal nature of the resolutions of...
Liability for defective prospectus
Mach, Tomáš ; Čech, Petr (advisor) ; Elek, Štefan (referee)
1 Liability for defective prospectus Abstract The aim of my thesis is to provide a paper that discusses the overall consequences of an issuer who, in connection with public offer of securities or their admission to the trading on regulated market, provide and make public a defective prospectus that contains untrue, incomplete and misleading information. The thesis does not deal with all aspects of the laws of prospectus. Instead, it focus on particular issues in relation to the prospectus. Mainly, it deals with civil liability arising out of the defective prospectus. As a consequence, the other sanctions, eg. administrative or criminal, are not included in the thesis. In my thesis, I consider prospectus as an informative document that ought to provide certain information in order to protect investors. These information must not be untrue, incomplete or misleading so that the high standard of protection to investors is preserved. High standard of investors protection include, inter alia, higher liability attached to a prospectus. Legal regulations governing civil liability attached to a prospectus are not harmonized on the EU level. Instead, broad discretion is given to Member States in order to provide their own legal regulation regarding civil liability for a defective prospectus. That opens free field for...
Contract to transfer share in limited liability company
Bujgl, David ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Contract to transfer share in limited liability company Summary Purpose of this diploma thesis is to draw attention to selected aspects of a contract to transfer a share in a limited liability company and to outline possible solutions to several interpretation issues arising out of the Act on Business Corporations. In the first chapter the author describes a change introduced by the Act on Business Corporations that allows creation of different types of shares in a limited liability company. Different rights and obligations may be connected with such shares. The author focuses on the division and description of selected rights and obligations and their impact on the content of the contract to transfer a share in a limited liability company. In the second chapter the author describes the contract to transfer a share in a limited liability company from the parties' point of view and their motivation to enter into such contract. The author of this thesis also compares the contract to transfer a share in a limited liability company with the acquisition of the company's assets and focuses on their practical advantages and disadvatanges. Furthermore, the second chapter outlines possible contract types that may be used for transfers of a share in a limited liability company. The third chapters deals mainly with...
Records of actual owners of limited liability companies and joint stock companies
Gnědin, Arťom ; Čech, Petr (advisor) ; Elek, Štefan (referee)
Records of actual owners of limited liability companies and joint stock companies This diploma thesis deals with the records of actual owners of limited liability companies and joint stock companies. The aim of the thesis is to introduce the basics of the institute of records of actual owners and then to discuss its key features and problematic issues associated with it. At the beginning, the thesis outlines the evolution of the institute of records of actual owners, and further evaluates the potential to meet the goals associated with the introduction of the evidence. At the same time, the thesis draws attention to the pitfalls that the records can bring in practice. The thesis also deals with the issues related to the extent of the mandatory information about the actual owner and the issues related to the storage and handling of such information. The thesis leads a discussion to interpret the relevant provisions to keep a balance between the necessary prerequisites for fulfilling the meaning and purpose of the records and the rights of a legal persons. In the following chapters, the thesis focuses on the definition of the actual owner and on the systematization of the ways in which a natural person or group of natural persons can be an actual owner. The thesis interprets the provision defining...
Registered capital of a limited liability company
Pavel, Josef ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Registered capital of a limited liability company Abstract This master thesis deals with the institution of the registered capital in a limited liability company, its meaning and its purpose. The aim of the master thesis is to evaluate the current legislation, to compare it with the adjustment of the registered capital in other countries (especially in Germany), as well as to propose its concrete improvements. The new legislation of the limited liability company is very different from the previous legislation; the abolition of the minimum registered capital is one change brought by the new legislation. This is the result, not the cause of questioning the registered capital as the creditor protection institute. The registered capital does not perform the guarantee function, because the regulation of the registered capital does not provide (and the neither did the previous Act) effective guarantees that the company will have funds corresponding to the amount of the registered capital after the establishment of the company as well as during the period of its existence. Other provisions concerning the actual creation and maintenance of the registered capital were (except, for instance, the registered capital test) preserved. This is positive, especially because of great number of companies that have...
Terms of Merger
Vlasák, Tomáš ; Čech, Petr (referee) ; Josková, Lucie (referee)
The topic of this doctor thesis is the Terms of Merger as a fundamental document of this form of corporate transformation. The terms are drafted by the executives of each of the participating corporations at the early stage of the merger and provide for the fundamental legal, economic and accounting principles of the merger. The thesis is structured as to describe firstly the common requirements for all corporations of each legal form. The following section deals with the specific statutory requirements for each legal form of corporations. Finally, there are described specifics of the terms in case of a cross-border merger. Where appropriate the current regulation is supplemented by the most recent historical development. Since our legal regulation has undergone a significant development in the recent 25 years the thesis provides also for a description of certain merger specifics applicable in various European legislations, e.g. the possibility of a cross-border merger for a corporation residing in Switzerland, as a non-EU and non-EEC country, and a possibility of triangular mergers. From this description there follow certain proposals for amendments of the merger regulation that are summarized in the conclusion of this doctor thesis.
The General Meeting of a joint stock company
Káninská, Markéta ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Resumé A joint stock company is a very common type of a company to which many legal provisions are dedicated. Since a joint stock company represents much more complicated legal entity, compared to other types of companies, the regulation of the organizational structure of a joint stock company is very detailed. The supreme body of a joint stock company is the general meeting, which has an irreplaceable function within the organizational structure of the company. General meeting is the most important organ of a joint stock company by means of which the shareholders exercise their right to participate on the management of the company and decide the most important matters. The theme of my thesis: "General meeting of the joint stock company" is rather complex. Since the detailed study of this theme would significantly exceed the scope of this thesis, I decided to write about a specific phase of the general meeting, i.e. the convention of the general meeting, the course of the general meeting and passing of the resolution of the general meeting. I write about general meetings of those joint stock companies, whose securities were not admitted to trading on a regulated market, because they represent the majority of the joint stock companies and they are much more common. In the introductory chapter I talk about...

National Repository of Grey Literature : 252 records found   1 - 10nextend  jump to record:
See also: similar author names
12 Čech, Pavel
1 Čech, Prokop
3 Čech, Přemysl
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