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Legal aspects for the adoption of common European currency in the Czech Republic
Růžička, Michal ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Legal aspects of the single European currency adoption in the Czech Republic The Czech Republic as a member state of the European Union is obliged to adopt the single European currency as soon as possible. This commitment is connected with plenty of tasks that have to precede the euro adoption. The fulfilment of convergence and legal criteria belongs to main assignments. The purpose of my thesis is to define the main aspects connected with the adaptation process of the Czech legal environment according to demands of the European law that have to precede the euro introduction and prepare a suitable environment for its troublefree functioning. The thesis consists of five chapters, each of them dealing with different aspects of the single European currency adoption. First chapter is introductory and outlines the main questionable issues that I deal with in my thesis. Second chapter brings general aspects of the single European currency introduction, especially explains briefly a history of the constitution of the economic and monetary union, further specifies legal and economic conditions necessary for euro adoption. A brief appraisal of the functioning of this unique concept is included at the end of this chapter. Third chapter focuses at the beginning on evaluation of fulfilment of legal and...
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Bank supervision and regulation in the Czech Republic and the Federal Republic of Germany
Trefilová, Inna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Závěr Vzhledem k tomu, že úprava dohledu se v německém právním řádu vyvíjela řadu let, fakticky již od 30. let 20. století, je na první pohled systematika německých norem mnohem přehlednější, normy se zdají být preciznější a propracovanější a pro poznání více přístupné. Na české úpravě je znát rychlý vývoj zapříčiněný nutností přizpůsobit právní řád potřebám trhu a později evropské legislativě, proto uspořádání norem je mírně chaotické a jejich nastudování se tím stává složitější. Tak například definici úvěrové instituce v české úpravě najdeme na dvou místech, jednak v zákoně o spořitelních a úvěrních družstvech, kde je obsažena obecná definice činnostmi, které instituce uskutečňuje, a jednak ve vyhlášce o pravidlech obezřetného podnikání bank, spořitelních a úvěrních družstev a obchodníků s cennými papíry, kde jsou úvěrové instituce definovány taxativním výčtem. To je diskrepance, které by se měl právní řád vyvarovat. De lege ferenda se zdá být vhodné uspořádání zvolené v německém právním řádu, kdy podstatná část norem společných pro všechny úvěrové instituce a jejich činnost je obsažena v jednom právním předpisu, a odchylky jsou ponechány úpravě speciálních norem. Významným rozdílem je i skutečnost, že česká a německá legislativa zaměřují svou pozornost na odlišným způsobem definované adresáty, resp....
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Taxation of income of natural persons resulting from employment
Gebauerová, Monika ; Boháč, Radim (advisor) ; Kotáb, Petr (referee)
This thesis deals with natural-person income tax, especially with the part of this tax, which is concerned with incomes from dependent activity. After a brief definition of the term "tax", description of taxes classification and the tax system in the Czech republic, there is a discourse upon some basic elements of natural-persons income tax. The next part of this thesis is focused on taxation of incomes from dependent activities - basic elements of its are mentioned there, then some ways, how to decrease tax base or already computed tax and last but not least there is presented tax computation. The aim of the last part od this work is to clear up the term "dependent activity".
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Banking transactions and their legal regulatin
Schuh, Karel ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Banking Products and their Regulation Abstract The purpose of my thesis is to analyse banking products in the Czech Republic, in particular their regulation. The thesis takes into account the different views on the issue, like economic or private law view, but the main emphasis is given to financial legal issues. Each product is generally described and after that analyzed with accent on identifying the most important rights, obligations, problems, risks and specifics, that commercial banks face in providing their products. The thesis is composed of five chapters, each of them dealing with different aspects of the problem. The first chapter is the most general. It gives the broadest definitions. Above all, there are various definitions of "bank"given by some theorists as well as defined in the Czech law. It has been further defined the very concept of banking products. Because that Czech law does not define it directly, there were used definitions of the Czech legal and economic theorists. The basic types of banks and especially banking product were recognized as well. One of these divisions, dividing type by the purpose, was chosen as the main starting point for further breakdown of chapters. Chapter Two examines relevant Czech regulation of loans. As a key issue there is identified the problem of credit...
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Transactions in securities and their legal regulation
Patočka, Radim ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Securities Operations and the Legal Regulation SUMMARY The subject matters of this thesis are securities operations from the legal point of view. The aim of the thesis is to analyse particular issues concerning securities but predominantely in its complexity than in detail scope due to limits put by the purposes of this theme. As the capital (financial) market has been devoloping dynamically, the theme of the thesis could be concerned very interesting and important. Czech legal regulation of securities has several terminological discrepancies, the priority over the others takes just term securities, which can be still hardly defined. The leading chapter introduces general legal aspects of securities, which can be also denominated as investment financial instrument. Two main laws should be mention, The Act on Securities No. 591/1992 Coll. and Act No. 256/2006 Coll. The second chapter analyses new legal regulation of uncertificated securities and their record keeping as the czech system is approximating to more regular european one, in other words the shift from Central Register of Securities to central depository. The next chapter is dealing with transfer operations whose importance is in changing of the propietor of securities and subsequent incorporated rights. The chapters four and five focus on other...
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The central bank, its legal status and scope of activities
Langr, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Title of thesis: Central bank, its Legal Position and Functions Central bank plays vital role in the economy of each country and its activities also significantly influence the overall macroeconomic output of the national economy. The aim of this thesis is to analyze legal position and common functions of central banks and asses the current legislation concerning Czech National Bank. The thesis is composed of five chapters, all together aiming to give an overall picture of the position of national banks with focus on the Czech National Bank. First chapter provides a brief description of the banking system and the role of central bank and describes the possible alternative arrangements in the absence of a fully-fledged central bank - currency board, dollarization, free banking and monetary union. Second chapter provides information on the reasons for the establishing first national banks and briefly describes the evolution of central banking in the Czech lands. Chapter three is divided into two parts. The first part analyzes legal regulation of central banks in national jurisdictions and especially regulation of the Czech National Bank. Second part of the chapter addresses the independence of central banks which is important particularly for monetary policy and examines different aspects of the...
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The organization of financial services supervision: a comparison of the Czech Republic, Germany, Austria and Switzerland
Veselá, Dominika ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
THE ORGANIZATION OF FINANCIAL SERVICES SUPERVISION - A COMPARISON OF CZECH REPUBLIC, GERMANY, AUSTRIA AND SWITZERLAND Summary Financial services supervision has become an inexhaustible subject matter of intense debates in the past two decades and many countries have recently adopted a new, mostly integrated, institutional structure of financial supervision, among them the Czech Republic, Germany, Austria and Switzerland, four countries, each representing a different type of political and economic system. This thesis deals with the institutional issues of financial services supervision, successively in the named countries. Actually, these issues are a prerequisite for effective and efficient execution of all supervisory functions. The institutional aspects are presented in their three main forms. First, the focus is given on institutional structure of supervision, especially with regard to the model structures, as presented and analyzed in the first part of the thesis. Closely related to this is also the internal organizational set-up of the supervisory agency; an appropriate designation of corporate governance can positively influence the supervisory process. Second, for the mere operability of every organization disposable resources are essential. There are two points of view concerning the funding dealt...
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Legal regulation of payment transactions
Pail, Jakub ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
This thesis is formally divided into 5 sections, which are: introduction, definition of basic terms, essay on the most important aspects of regulation of the payment services providers, chapter dedicated to payment systems and conclusion. It should argue on issues conected to payments and it is focused mainly on it's regulatory part. Introduction to the thesis sets the goal of it and defines the extent of the issues researched as well as the areas that are not accented much. The basic terms that are defined in the thesis are payment, payment relations, payment transactions, means of money, payment devices, electronic money, payment orders and payment services. This thesis contains non-regulatory issues as well as it accentuates the sociological importance of payment relations. It also shows historical connotations and describes trends which can be observed in the defined areas of exploration. It's goal is to explore and describe mainly the regulatory part of the issue though. The core structure of all parts is therefore focused mainly on the form of legal regulation of payments in effect. The biggest focus is set on description and analysis of the regulation of activities performed by providers of the payment services. Activities that consist of running the payment system and taking part on them...
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Legal Regulation of Payment Services
Louthanová, Radka ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this thesis is to clearly describe all payment services which can be found in current Act on Payments of 2009 and also new payment services under new Act on Payments. New Act on Payments will come into effect on 13 January 2018. The reason for its adoption was the need of transposition of the revised Payment Services Directive known as PSD II. This directive brings significant number of changes into the area of the regulation of payments. Moreover, this thesis devotes to introduction and analysis of all subject authorized to provide payment services in the Czech Republic. The development of the regulation of payments in the Czech Republic is briefly described in the first part of the thesis. Regarding the extensiveness of this topic, it is only outlined which acts have regulated payments in the Czech Republic. The second part of the thesis deals with positive and negative definition of payment services. When describing a single payment service, the difficult situations which can occur due to this payment service are mentioned. The section on negative definition of payment services explains the exceptions which cause that some activities are not consider to payment services pursuant to current and new Act on Payments. For the provider it is essential to determine whether some activity is...
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Investment company in managing funds of the qualified investors
Benda, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Investment company in managing funds of the qualified investors The aim of this proposed thesis is a qualitative analysis of the internal mechanisms of operations of an investment company in managing a fund of qualified investors. The stated goal is to relatively analyse the organism, which is providing the managing portfolio in the ownership of the fund by abstracting the most important processes that are taking place in such matter. The thesis is divided in a logical order from the historical genesis of collective investment through a brief analysis of the basic subjects of collective investment up to a qualitative analysis of the issues relating to the management of the assets of an externally managed fund with regard to the division of functions of individual bodies inside the investment structure. In conclusion, following the qualitative analysis of the activities of the individual bodies of the investment company - I then, on an example of the acquisition process, attempt to analyse and break down the roles of the individual bodies performing as a part of the acquisition of an asset to the portfolio of an externally managed investment fund.
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