National Repository of Grey Literature 262 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Tax - law relation with the community of unit owners
Bučková, Ariana ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Trubač, Ondřej (referee)
TAX - LAW RELATIONS WITH THE COMMUNITY OF UNIT OWNERS ABSTRAKT OF WORK IN ENGLISH: The thesis deals with the detailed legal analysis of the owners of units created on the basis of the Act on Ownership of Housing and subsequently from January the 1st, 2014 created by the community of owners on the basis of the so-called new Civil Code. This was a large-scale recognition of private law that had an impact on public law and caused the necessary changes to financial, specifically tax laws and related procedural rules. The rights and obligations of the owners of units created by the Act on the Ownership of Housing in Connection with Recognized Private Law and their Coexistence with the Newly Developing Communities after January the 1st 2014 is the pivotal point of this work. The great part is devoted to tax impacts on the community as a legal entity and on natural and legal persons involved in the community, regardless of whether they are owners or administrators. Thesis has analysed report of administration and monetary advances of ownership of housing. Obligations and rights related to the accounting of advancements form a separate part. The basic tax obligations are discussed in connection with the ownership or the administration of one own self or entrusted property. Moreover, the author mention the...
The Effects of the Financial Crisis on the Regulation of Financial Markets with a Focus on Securitization
Kertész, Vladimír ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
The Effects of the Financial Crisis on the Regulation of Financial Markets with a Focus on Securitization Abstract The thesis investigates the influence of the financial crisis on financial markets regulation, with a focus on securitization. In its first part, it attempts to identify the causes of the financial crisis from years 2008 and 2009. It builds up the attention onto the regulatory tendencies of the 20th century from the Great Depression until the 2008 financial crisis. Then it focuses on the monetary policy of central banks, especially the FED in the USA and its influence on the mortgage market.The following part contains a brief description of the development of the US mortgage market and the start of mortgage loan securitization. The chapter of financial crisis also addresses the role of rating agencies in the securitization system and their impact on the creation of toxic assets. The main part of the thesis is dedicated to securitization, where it is analyzed its economic essence, legal definitions and process of securitization, which is further divided into traditional and synthetic securitization. In order to disucuss the synthetic securitization more in depth, one chapter is dedicated to credit derivatives. The securitization process is conluded with the release of ABS as a securitization...
Ensuring security of online payment services
Havlíková, Nikola ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Ensuring security of online payment services Abstract The thesis is devoted to the topic of ensuring security of online payment services, especially in the context of identification and authentication of the client in the Internet when performing acts related to the provision of payment services. The issue of the customer identity is described especially in the context of know your customer principle governed by legal regulation in the area of combating money laundering and financing of terrorism, and in the context of the obligation to carry out a strong customer authentication (SCA) brought by the PSD2 directive and related RTS. The aim of the thesis is to describe and critically evaluate the legislation in the area of ensuring security of online payment services, meaning the binding legislation, soft law and rules created by entities operating on the payment services market. In this context, the thesis also deals with the question of proportionality of legislation in connection to the positive user experience and the possibility of implementing innovative FinTech solutions. The thesis is divided into four chapters, supplemented by introduction to the respective subject matter and conclusion summarizing the observations made in the thesis. The first chapter is devoted to the general definition of the...
The Law and Regulation of ICO (Initial Coin Offering)
Kandrík, Maroš ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The Law and Regulation of ICO (Initial Coin Offering) Abstract This diploma thesis deals with legal analysis of ICO (Initial Coin Offering) and legal analysis of tokens that are issued within an ICO. The thesis aims to find out whether and to what extent an ICO is subjected to initial public offering law and whether the tokens can be characterized as things, securities, dematerialized securities, and electronic money. In the first part of the thesis, I define the basic concepts and terms. Definitions and terms are supplemented by the technical and economic background of each respective institute. The first part also briefly summarizes the historical development of ICO, which shaped it into its present form. The second part of the thesis deals with the legal categorization of tokens. Firstly conceptual features of the thing in the legal sense, dematerialized security, security, and electronic money are established. Subsequently, it is examined whether the tokens can fall within these conceptual features or not. In the chapter regarding securities, it is pointed out that different understanding of securities in public and private law may have some negative consequences. The analysis of the contractual relationship between the issuer and the investor is also addressed in the second part. In the third part, ICO...
Investment fund as an investment company with variable capital
Kaleta, Jakub ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Investment fund as an investment company with variable capital Abstract The diploma thesis deals with an investment company with variable capital ("SICAV"), with its status and specialities. SICAV which is basically a special kind of a public limited company differs from a regular public limited company in many ways which puts high demands on the legislator who has to be precious while accepting new legislation, especially the tax legislation, not to make gaps and contradictions at the law. In the introductory part, the thesis describes a significant specialities of SICAV, then it tries to find a problematic provisions of the law with respect to SICAV. Then the thesis aims to resolving of such problematic provisions, which is made especially by a method of analysis, and others methods commonly used to interpretation of legal texts. The first part of the thesis aims to definition of SICAV as an investment fund. The difference between funds of collective investment and funds of qualified (professional) investors, which are two main categories of investment funds in the Czech law, are highlighted here. Some of characters are analysed in more detail here as well. Especially the principle of publicity needs to be adjudicated in relation to every single sub-fund of SICAV independently. When it comes to analysis...
Algorithmic and high-frequency trading on capital market
Kádě, Lukáš ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Algorithmic and high-frequency trading on capital market Abstract The subject of this diploma thesis is legal regulation and development of regulation of algorithmic and high-frequency trading on capital market within Community Law but also within several European countries, USA and Japan. The aim of this diploma thesis is to define terms of algorithmic and high-frequency trading, which were not thoroughly regulated until lately, to outline development of legal regulation, to compare different approaches to their regulation in different countries and to assess the phenomenon of algorithmic and high- frequency trading. The diploma theses uses descriptive method to define the fundamental terms and discuss positive legal framework. It also uses deduction for assessment and comparative method to examine different approaches to legal regulation in different countries. The first chapter characterizes capital market as a place in which algorithmic and high- frequency trading takes place, including its historical development, participants and supervisory authorities. The second chapter defines terms of algorithmic and high-frequency trading considering their historical development and both mutual similarities their differences and their characteristics. It also includes an analysis of their key aspects and related...
The legal nature of financial derivatives under Czech law
Kofroň, Jan ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The thesis deals with the analysis focusedm on the nature of financial derivatives based on the analysis of documents such as mainly academic literature and the relevant legal regulations. This thesis is focused on the Czech legal regulation of derivatives and also includes the relevant European legislation. Firstly, attention is aimed at derivatives in general, the first chapter is focused on a brief historical development in the field of derivatives, and than on the term derivatives itself, as explained by various authors and, for comparison, some international organizations. Subsequent chapter acquaints with the basic properties of derivatives, where the individual types are characterized - especially forwards, futures, swaps and options. The chapter concludes with the current state of the derivatives market. The following chapter deals with the regulation of derivatives and derivatives markets under the Czech and the European law. Firstly, the role and competence of the Czech National Bank as the central administrative authority with the powers of the regulatory body and the financial market supervisory authority in the Czech Republic is mentioned here for the purpose of underlying the complexity of the topic. Subsequently, it is followed by description of regulatory steps made by the European...
Shadow banking in the view of legal regulation
Smitka, Josef ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Shadow banking in the view of legal regulation Abstract This diploma thesis deals with shadow banking in the view of legal regulation focusing on the Czech territory. Although the shadow banking sector amounts almost to the same extent as the traditional banking, its legal regulation is barely discussed in the Czech Republic. So this work aims at stimulation of that kind of debate. Shadow banking contributes to more effective redistribution of the financial means between investors and debtors. Nevertheless, due to its nature it involves significant systemic risks, which played a crucial role during the spread of the mortgage crisis in 2007-08. Therefore this area has to be regulated. In the first part the thesis explains the term shadow banking including the entities and activities, which are able to be classified within this sector, and the risks, which it carries. In the second part the work deals with the current legal regulation of this area and points to the advantages and the deficiencies. Finally, in the third part it provides with the proposals regarding the deficiencies. Particularly the thesis proceeds from study and research of the documents published by the supervision bodies of the financial stability area and from the applicable provisions relevant to the shadow banking. Concerning this I am...
Legal regulation of consumer credit in the Czech republic
Stróžik, Lukáš ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Legal regulation of consumer credit in the Czech republic Abstract This diploma thesis deals with the topic of consumer credit distribution in the Czech Republic. Recently, the European level of regulation of the provision and intermediation of consumer credit has undergone a major change. In connection with that also individual Member States had to transpose the revolutionary Directive 2014/17/EU which extends consumer protection to loans concerning real estate. This was executed in the Czech Republic by the adoption of the Act No. 257/2016 Sb., which came into effect on 1 December 2016. The paper is divided into four parts, in which the author describes and evaluates the current state of consumer credit distribution regulation. For this purpose, the provisions of the Act and their interpretation using accompanying documents are subject to analysis and evaluation of their conformity with the objectives of the regulation. The first part describes the historical context and development of consumer credit from the beginnings of the western civilization to the present state, focusing on the European Union as the originator of our national consumer credit legislation. The second part is devoted to general aspects of consumer credit provision, especially the scope of the Consumer Credit Act and other general...
Credit transactions in corporate banking
Hlúbiková, Helena ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Credit transactions in corporate banking Abstract Credit transactions in corporate banking are among the significant active transactions of Czech banks. However, there are a number of specific risks related to these transactions. Those risks are the reason why these transactions are being given increased attention not only by banks but also by the legislator. As a result, there is an increasing number of banking and other public law norms that have a significant impact on bank corporate lending. Therefore, the subject of this thesis is to carry out legal analysis of banking corporate credit transactions, especially with regard to their financial regulation. This thesis is divided into four parts. The first one focuses on the financial definition of these transactions, their types, risks, and other related aspects. The second part presents an overview and analysis of banking and other public law norms regulating these transactions, both Czech and those accepted under the European Union law. Therefore, within this part are elaborated in relation to these transactions not only the prudential requirements arising from the Act on Banks, Prudential Decree No. 163/2014 Coll. or the directly applicable CRR regulation, but also the requirements of European laws implemented in the Czech legislation through BRRD, AMLD...

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