National Repository of Grey Literature 16 records found  1 - 10next  jump to record: Search took 0.01 seconds. 
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...
The Legal Regulation of Banking Activities
Martinů, Katrin ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
The Legal Regulation of Banking Activities Abstract The subject of this diploma thesis is the legal regulation of the activities of banks. Emphasis is placed on newly regulated areas and topical areas in respect to legislative changes. The primary aim of the thesis is to analyse areas related to the activities of banks and to assess the suitability and sufficiency or redundancy of the legal regulation of the selected areas in terms of the scope and depth of regulation. In this context, the work is complemented by proposals de lege ferenda. The first section is devoted to the subjects of banking regulation. Within this part, the term "bank" is defined, including the assessment of online banks. After that, supervisors, namely the Czech National Bank and the European Banking Authority, are presented together with an outline of their functions. The following section covers the general basis of the regulation of bank activities. The sources of regulation are described, and the objectives and reasons for and against regulation are outlined. A description of processes for entering and exiting the banking sector are included, with a more detailed analysis of procedures for obtaining a banking license. The third section contains an analysis of the selected obligations of banks arising from the legislation regulating...
International double taxation
Řezníčková, Markéta ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
This diploma thesis deals with some questions of the international double taxation, particularly with the basic terminology and principles of the international taxation, bilateral double taxation treaties and new tools of legal regulation of the international double taxation such as BEPS, MLI, a package of European directions called Anti-BEPS and its implementation into the Czech law. The aim of this thesis is to identify, describe and analyse sectional questions in respect to long-term and current evolution. In the introduction I briefly introduce the topic. Afterwards the thesis is divided into four chapters that are linked to each other. The first chapter presents to the reader basic terminology and explains basic principles of this field independently and in relation to current legal regulation. Further I describe the types of double taxation and other institutes related to the international double taxation such as international double non-taxation. The second chapter deals with means of elimination of the international double taxation. Two basic methods are described and some of them are represented by basic examples. There are also described means of elimination of the international double taxation that can only be used in tax treaties (not in the national law). The last subchapter describes...
The Regulatory Landscape and Market Overview of Insurance Agents and Brokers in the Czech Republic
Veselský, Štěpán ; Vybíral, Roman (advisor) ; Sejkora, Tomáš (referee)
This MA thesis is concerned with insurance distribution in the Czech Republic. It aims to acquaint the reader with individual distribution channels within the context of current and upcoming regulatory framework. Regarding methodology, it makes use of the descriptive, analytical and empirical approach to legal research. The first chapter, The Insurance Market, introduces the gross written premium as the key metric in the insurance industry and it segments the written premium into the main product lines. Further, it deals with sources that will be relied on throughout the thesis and presents the necessary terminology. The second chapter outlines the distribution channels framework through which the insurance products are sold to customers. From the perspective of an insurance undertaking the main distinction is on the internal and external channels. The legal categories of intermediaries and the methods of communication with the customer do not form any particular channel, instead they are understood as cross-channel. The MA thesis is submitted in the period when the applicable Intermediaries Act is about to be superseded by the forthcoming Insurance Distribution Act. That is reflected in the third chapter that is divided into two subchapters, each dedicated to the analysis of the distribution...
The analysis oh the legal regulation of transfer pricing in connection with the implementation of ATAD
Zedníková, Kateřina ; Boháč, Radim (advisor) ; Sejkora, Tomáš (referee)
The analysis of the legal regulation of transfer pricing in connection with the implementation of ATAD Abstract This diploma thesis deals with the topic of legal regulation of transfer prices. Considering the gradual globalization and the increasing number of multinational enterprises, transfer pricing is a very extensively discussed tax-related topic. It has become even more topical with the implementation of a new Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market. Transposition period for the majority of regulations presented in the directive is scheduled to 31 December 2018. The aim of the present thesis is to characterize the current state of legal regulations of transfer pricing in the Czech Republic as well as related supranational regulations. Within the context of the former and the latter, the thesis analyzes the options of the implementation of the Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market. Also, the thesis delineates and describes the approach of the Ministry of Finance of the Czech Republic, including an assumed financial impact of the implementation of individual...
Review statement and reverse charge in the VAT legal regime
Flaška, Petr ; Boháč, Radim (advisor) ; Sejkora, Tomáš (referee)
In my thesis I first explain taxes as a general institute, including their history. For better understanding of the following text I point out the progressive development of the berthing system. State apparatus with a growing social system comes with constantly higher and especially more detailed tax collection system. Countries, due to the need of implementing their budgets, must punish tax evasion and fight dishonesty in business to enable more capable and more honest entrepreneurs to compete with each other and therefore not to support incompetent, dishonest, and increasingly "cheekier" subjects who periodically do not pay their taxes in full. In my thesis, I also assess the complexity of the added value tax system in my country and the different rates that give room for dishonesty and new and frequent amendments to the Added Value Tax Act. I consider the control reports as a necessary and much needed institute. However, although the very first possible rating results of the Ministry of Finance data do seem to be positive, they also, in my opinion, underestimate the yields. I've come to the conclusion that the institute of the control reports from the point of view of constitutionality is not unlawful, and so I differ with the opinions of the deputies and the senators that this is a similar case...
Beneficial owner in the Light of the AML/CFT Legislation
Roblová, Michaela ; Sejkora, Tomáš (advisor) ; Kohajda, Michael (referee)
Money laundering and terrorist financing present major social problems that can negatively impact economic growth of both, the state and the households. The ever-increasing globalization and the trend of removing barriers to the free market make it harder for the authorities to detect and investigate abovementioned crimes. That is why, in recent years, efforts have been made to cooperate in the fight against money laundering, both globally and at European Union level. The European Union keeps constantly improving the AML/CTF legislation. Thanks to that, the Czech Republic can keep up with the rapidly evolving techniques the offenders come up with. This thesis present one of the new legal institutes in the Czech law - beneficial ownership. The idea of beneficial ownership came from the Directive 2015/849 that was implemented into the AML/CFT Act n. 253/2008. Under the Directive, corporates and other legal entities such as trusts will be required to maintain accurate and current information on their beneficial ownership. Beneficial owner is an entity that enjoys the possession and/or benefits of ownership (such as receipt of income). The first part of the thesis concerns the general anti-money laundering and combating financing of terrorism problematics. It also tackles the concept of ownership...
The legal protection of clients of financial intitutions
Černý, Daniel ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
The legal protection of clients of financial institutions Abstract The first chapter focuses on the definition of basic concepts essential to the subject of this work. Emphasis was placed on defining the term of client in relation to the notion of a customer who is often used in positive law at both European and national level. Furthermore, the concept of consumer is defined, which is a generally used category of customers and is offered the highest legal protection. The notion of financial institution and the concept of legal protection are also important in defining the scope of this work. Given the diversity of the current financial services market, in the rest of my thesis I have focused only on the most important providers of financial services and the legislation governing their activities. The concept of legal protection is defined in the sense of division into institutional and normative legal protection, with the focus being on normative protection. The aim of the second chapter was to describe the basic aspects of two complementary principles of law as the theoretical basis of legal protection of clients, which are the concept of autonomy of will and the protection of the weaker party. The principle of protection of the weaker party and its modality of consumer protection has been introduced from...
Legal regulation of crowdfunding in the Czech Republic
Bachtík, Lukáš ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Legal regulation of crowdfunding in the Czech Republic The thesis deals with the legal regulation of crowdfunding in the Czech Republic as well as in the European Union with emphasis on the investment type of crowdfunding, mostly for purpose of identifying all relevant legal acts and evaluating their form and application in terms of suitability and sufficiency. The first part generally addresses explanation of the term crowdfunding itself, the etymological interpretation, its origins, the historical development and the concepts of crowdfunding with other relative and superior terms. This section also includes division of crowdfunding into individual types and subtypes. Each of them is explained separately including examples of already existing crowdfunding platforms. The second part comprises of all legal acts and other regulation applicable to most of crowdfunding platforms and, in more detail, discusses legislation relevant to the investment type of crowdfunding (equity-based and securities-based crowdfunding). These come from several areas of financial law. The focus of the work is aimed at legal regulation of payment services, financial instruments (including prospectus regulation) and collective investment. The thesis reflects both national and EU legislation, including their relation through...
Taxation of trusts in the Czech Republic and its comparison with a taxation if "Treuhand" in Germany
Galuška, Pavel ; Novotný, Petr (advisor) ; Sejkora, Tomáš (referee)
My thesis addresses the fundamental issue and principles of trust taxation in the Czech Republic and it provides with its confrontation and comparison with a German equivalent, namely Treuhand. The purpose of this thesis is to describe and to compare the attitude of Czech and German legislation to the fundamental definitions of key terms within the taxation of Czech trust and German Treuhand respectively. Hereat I mainly focused on the issues of the subject of taxation, object of taxation and its assignment to the individual subject, tax base and also other key elements of taxation, when they were considered relevant. First of all to elaborate this thesis I analysed the current Czech and German legislation and treatises that are concerned with taxation of trusts in the Czech Republic and taxation of Treuhand in Germany and consequently made them a subject of a comparison. A content of the thesis composes of two main parts. In the first part there are both of the legal institutes introduced within the terms of civil law and their purpose. The second part deals with the essential elements of taxation within the context of compared legal institutes and specific taxes. The taxes that were chosen for comparison are personal income tax, corporate income tax, trade tax, real estate transfer tax, property...

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