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The Czech National Bank, its legal position and scope of activities
Čechová, Jana ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
This thesis uses the available resources to analyze the current legal status of the Czech National Bank. Key parts of the thesis include chapters relate to monetary and economic policy and CNB trades as well as to the emission activity. The later chapter includes description of the legal tenders and its protective elements. The thesis also includes description of the legal aspects of the central bank's role and position with a particular emphasis on the recent accession of the Czech Republic to the European Union and contemplated introduction of Euro as the new Czech currency.
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Relationship between the central bank and commercial banks
Haasová, Eva ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
Relations of the Central bank to Commercial banks This thesis deals with the relations among the central bank and commercial banks laying emphasize on the situation in the Czech Republic. The aim of this thesis is to characterize and analyze relations among the Czech National Bank and commercial banks, to evaluate them and suggest possible legislative improvements to strengthen the stability of banking institutions and thus the entire economy. In the beginning of the thesis the basic terms are defined. Then the types of relations among the central bank and commercial banks are described. The thesis is due to the wide number of emerging relations among the central bank and commercial banks focused mainly on relations associated with entrance into the banking sector, on the proper functioning of banks and on the relations associated with their extinction. The main part of the thesis is logically divided into another three parts. The first part describes the mechanism of granting banking licenses and the possibility of foreign institutions's establishment in the Czech banking market. Huge attention is dedicated to the unique bank license concept. In the second part there are described the most important conditions that are necessary for the banking sector to run properly. Most of this section is...
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Income tax in the context of hamonization of direct taxes in the European Union
Zajíčková, Miroslava ; Bakeš, Milan (advisor) ; Novotný, Petr (referee) ; Karfík, Zdeněk (referee)
- 1 - Abstract The issue of income tax is a topic that is current, whatever the political organization of the country, because it is a fact significantly affecting the political, economic and social conditions, from many different aspects. Individual load, as well as corporate income taxes is one of the key elements that most impact on people and affect their economic behavior, social and political decision-making standard. Income tax in the tax systems is one of the most important taxes, because it is burdening the income of individuals and legal entities, tax payers. Through a greater or lower tax burden on personal and corporate income it is possible to use the legislation in the area of income tax and its setting, in the period of economic stagnation, as an instrument for economic recovery. In the area of tax systems and tax systems of specific countries in the last decade we recorded a relatively significant development. The shift, consisting mainly in the approximation of national tax laws, is in our legal system particularly evident after the enter of Czech Republic to the European Union in 2004. In connection with the gradual expansion of the European Economic Community, of the customs union, common market between Member States and European Union development into as we know it today, with 27 Member...
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Legal issues of transactions with securities and financial derivatives
Heringová, Eva ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
Resumé Název: Právní problematika operací s cennými papíry a finančními deriváty Title: Legal issues of transactions with securities and financial derivatives Klíčová slova: deriváty, cenné papíry, kapitálový trh Key words: derivatives, securities, capital market Resume: The crucial aspect in the economic development was and still is the way of financial payments and fund raising. The historical development had a number of forms (barter, gold coins), the more modern methods led to the introduction of securities and financial derivatives. From the beginning of introducing securities and financial derivatives to the market the methods of their trading became increasingly sophisticated and thus grew the importance and need of their legal definition and assessment of their use. Given the current importance of these financial instruments, which are increasingly affecting the economic and social life of many countries, I decided to at least generally analyze this area in this thesis. My thesis primarily analyzes the regulation of securities, financial derivatives and trading with them in the Czech legal system in order to highlight the imperfections that may in practice lead to ambiguous interpretation and tries to help to eliminate these gaps. The focus of the thesis lies in the comparison of the institutional...
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Control in the field of financial activities
Šmíd, David ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Šramková, Dana (referee)
My dissertation starts with the overview of the history of financial control in the Czech lands. In the overview, I compare various controls having the power of the financial control with special attention paid to their mutual interference and overlapping. Performance of one type of control influenced implementation of other types of control. For many reasons, I decided to focus on the period starting in 1989. The years following the change of the regime in 1989 were very turbulent and rich in legislative initiatives. Some were successful, some less productive and I point out selected steps made in the area of control of financial activities, which lacked proper background and reasoning. On the other hand, many constructive proposals had been abolished for political reasons rather for their imperfectness. In other words - much alike the old totalitarian regime, the new authorities did not hesitate to make political decisions at the cost of the public interest. In the text of my dissertation, I examine the current financial control activities from the de lege lata point of view. Looking at the main body of relevant legislation - leaving aside the selected special laws which guide control by ways of special provisions - there are currently three acts, which guide the performance of "financial control"...
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The Czech National Bank and the national plan of adopting euro in the Czech Republic
Tabačák, Anton ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Dřevínek, Karel (referee)
- - 179 - - RESUMÉ or SUMMARY Keywords: Czech National Bank, National Changeover Plan, relationship, commercial banks, banking sector, financial market, europe structure of the banking sector, communication, responsibility of the CNB, non-financial sector, consumer protection, legislation - responsibility of the Ministry of Justice My dissertation thesis starts from the analysis of czech central banking, its history and role in modern europe economy. It refers to old famous,, historiae magistra vitae", because only problems, which had central banking in history, created central banking today. Special chapter is devoted to the Czech National Bank. The Czech National Bank is the central bank of the Czech Republic and the supervisor of the Czech financial market. It is established under the Constitution of the Czech Republic and carries out its activities in compliance with Act No. 6/1993 Coll., on the Czech National Bank and other regulations. It manages the assets entrusted to it by the state independently and with due diligence. Interventions in its activities are only permissible on the basis of a law. The supreme governing body of the Czech National Bank is the Bank Board, consisting of the Czech National Bank Governor, two Vice-Governors and four Chief Executive Directors. All Bank Board members are...
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Legal and economic aspects of securitisation
Urbancová, Barbora ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Dřevínek, Karel (referee)
186 13 ABSTRACT Theme of this dissertation is "Legal and economic aspects of securisiation". The main goal of the dissertation is to perform a comprehensive legal analysis of the issues relating to transactions, which can be termed securitisations, regarding also related economic aspects, while focusing especially on the analysis of special public law regulation of certain aspects related to securitisation under Czech law. The dissertation contains nine chapters. The first chapter specifies the theme of the work, its content, structure, main sources, goals and methods applied. The second chapter provides the basis for the subsequent legal analyses elaborated within the following chapters, as it deals with the general meaning and purpose of securisitation, its definition under applicable law, a standard structure of securitisation transaction and most common products of securitisation including evaluation of their character under Czech law. The essential issue rests with the interpretation of the general definition of the term securitisation in a way it is accepted in financial sector, it means as a tool of structured finance that covers all possible variations of secturisation transactions, as well as the interpretation of the definition of the term securitisation with respect to special public law...
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New trends in regulation of banks
Kvízová, Marie ; Bakeš, Milan (advisor) ; Novotný, Petr (referee)
This thesis describes and critically evaluates the new trends in the regulation of banking sector, which identifies primarily within the European legislation. First chapter deals with institutional architecture of the regulation and supervision in the Czech Republic as well as in the European Union, when it analyses advantages and disadvantages of integrated model of supervision and describes the powers of newly established European supervisory authorities including its consequences. Second part focuses on the Capital Requirement Directive (well known as CRD), especially on contemporary worldwide and European trends, which are reflected in the new proposals of directly applicable regulation and supplementary directive, which should replace contemporarily valid version of CRD. Last part of the thesis specializes in controversial topic of remuneration, which has been already transposed into Czech legal system.
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Uncertificated securities in financial law
Matyášová, Eva ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Karfík, Zdeněk (referee)
This thesis deals with the phenomenon of the uncertificated securities in the context of financial law. Proper and prudential legal regulation of the securities is considered to be key element of efficient financial markets of which the importance for the economics is systematically growing in past few decades. From the beginning, financial markets were dominated by certificated securities represented by legal fiction incorporating rights arising from the security into a certificate and considering this certificate as a tangible movable asset. In the consequence of the development of financial markets and securities trading uncertificated securities were developed to make transfers of the securities and asset management feasible. Uncertificated securities can be defined as substitutable physical securities incorporating private rights which are prerequisite for the exercise and transfer of those rights and which are replaced by a record entered in the central register of securities, mainly central securities depositories. The form of the uncertificated securities determines the necessity of their special legal regulation taking into account their legal nature and connected legal aspects of record keeping. The purpose of my thesis is to analyse relevant Czech legislation and highlight both...
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