National Repository of Grey Literature 199 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
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...
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...
The instruments of monetary policy and their legal regulation
Švestka, Vít ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The instruments of monetary policy and their legal regulation Abstract The goal of this paper was to perform a comprehensive analysis of Monetary Policy Instruments of the Czech Republic and the Eurosystem, including the historical, economic and international aspects of the subject matter. As the topic is significantly overlapping with economic theory, the theoretical grounds were first defined in the parts concerning historical analysis, the scope of the Czech National Bank, monetary policy and economic theory. The legal analysis of the instruments of the Czech monetary policy itself was then carried out especially in a general and special part; a comparative analysis with of the Eurosystem instruments was carried out afterward as well. The purpose of a general analysis of Czech Monetary Policy Instruments was to generalize the findings and the common features of the similar monetary policy instruments and therefore the author chose the procedure consisting in definition of the notion of the monetary policy instrument, the division of the instruments and particular instrument specification. In the following part, the author deals with the legal regime of specified monetary policy instruments. The paper provides concrete insights into the legal regime of individual monetary policy instruments. The research...
The application of MiFID Directive to the activities of universal bank
Krčová, Kateřina ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
53 Abstract Application of MiFID directive on activities in universal bank MiFID or Markets on financial instruments Directive, is extensive and key European financial market regulation. Introduced into the laws of all the Member States many new applications and employed a large number of companies. The content of this work is to first clarify the concept of a universal bank, the bank and the reason why the Directive applies to them. Furthermore, analysis of specific activities and procedures, which are due to the introduction of the Directive into law occurred mainly by retail investors, the current clients of universal bank. Most attention is devoted to investor protection, mainly test the appropriateness and suitability, performance instructions for the customer. The following chapter is devoted to issues of organizational changes, the new rules required. Part of the text is devoted to the transposition process in individual countries and especially in the Czech Republic. Another chapter is concerned with problems that frequently appear in the application and in the last chapter outlines recent developments, particularly in the new draft directive, revising MiFID after almost five years of operation, which is just being born on the soil of the European Union. The conclusion is the finding that changes in...
Protection of rights in life insurance
Tučková, Tereza ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Protection of rights in life insurance Abstract The subject of this rigorous thesis is the protection of rights in life insurance. The main reason for choosing this topic is the fact that completing my master's degree program in law, I have entered the private sphere as a corporate lawyer of an international insurance company and in this position I am active, althought with another international insurance company, still today. In my position, among other things, I represent the insurance company in private disputes with the insured persons, typically on the payment of insurance benefits (claims). I also represent the insurance company during the public hearing efore the Czech NAtional Bank and, last but not least, in my agenda is the representation of the insurance company in the proceedings with the clients efore the Financial Arbiter. During my practice, I met all the possibilities and apsects of protection of rights in life insurance and I realized chat all the clients of an insurance company have to knowabout thein position in such a procedure and that there is an imbalance in information between the contractual parties and which information each contracting party possesses. I have divided my thesis into six main chapters. In the first chapter I describe the institute of insurance and insurance policy,...
Financial market and its legal aspects
Špaček, Tomáš ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
The master's thesis on the topic of financial market and its legal aspects aims to analyse the weaknesses in the legal regulation of markets in financial instruments. The thesis is divided into six chapters, introduction and conclusion. The chapters are divided into subchapters. The first chapter defines the financial market and deals with its divisions. Since the legal aspects of financial market are a traditional subject of the study of financial law, the basic concepts of this field are notoriously well known. The first chapter therefore describes only the basic division that is applied to the financial markets. It then goes on to compare existing definition of the financial markets that can be found in academic literature. The second chapter discusses the capital market participants. As certain concepts of financial market might suggest, many different persons might fall into the category of market participants. This chapter, however, discusses selected persons who provide their services on the market in financial instruments. It focuses mainly on investment firm because it provides investors with access to the capital market. The third chapter discusses financial instruments. The fourth chapter concerns investment services that can be provided in relation to financial instruments. The fifth chapter...

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