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Regulation of investment services
Šoupa, Jakub ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
Regulation of investment services Abstract The main idea of this diploma thesis is first to present the very complex issue of legal regulation of the provision of investment services in the Czech Republic and then to select certain potentially problematic and unclear areas which are analyzed using various research methods and then to reach a clear conclusion on how these concepts and areas should be interpreted in the meaning of the overall regulation of the capital market. The first and second chapters of this thesis define the various concepts that will be repeatedly dealt with in the diploma thesis and which are essential to the following chapters. Next, there is a general introduction to the very broad legal regulation of the provision of investment services which is mainly conceived so that the diploma thesis can only focus on specific selected areas of the regulation of the provision of investment services in the following chapters. The aim of the third chapter is to provide a detailed introduction to and a clear definition of the concept of investment services intermediation, particularly in view of the not entirely clear but very broad range of activities that fall under that concept. The focus of the chapter then moves towards an analysis of the concepts of recommendations and preparatory work. The...
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Income as a subject of taxation
Bláhová, Jana ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
Income as a subject of taxation Abstract This thesis deals with defining income as a subject of tax. The concept of income is not clearly defined anywhere, so this thesis tries to look into the very essence of this concept and try not to define it precisely, but to find its essential features. This thesis offers multiple perspectives on the same issue, while not only looking income relevant for tax purposes, but the very essence of this concept. It considers income from an economic point of view, from the point of view of the Income Tax Act and, last but not least, from the point of view of the jurisprudence of the Supreme Administrative Court and the Constitutional Court. Along with these points of view, it describes related issues such as registration of income for tax purposes or the development of income tax over time. The thesis includes practical examples of individual types of income, which illustrate the issue in more detail. The thesis aims to find the essential features of income, to think about what can be considered as income, what constitutes it and how these findings correspond with the tax system in the Czech Republic. It is true that not every transaction that can be classified as income is subject to tax and not every income that is subject to tax must necessarily be subject to tax, as our...
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Tax aspects of tokenization from the Perspective of Czech and foreign legislation
Komorous, Jiří ; Sejkora, Tomáš (advisor) ; Kotáb, Petr (referee)
Tax aspects of tokenization from the Perspective of Czech and foreign legislation Abstract in English The aim of this thesis is to provide a comprehensive overview of tax obligations related to the tokenization process using Distributed Ledger Technology from the perspective of Czech law, analyze problematic areas of applicable tax legislation and suggest potential changes of current tax law. This diploma thesis also aims to provide a comparative view of the taxation of the tokenization process in selected countries of the world and thus evaluate the different tax obligations from the perspective of the tax subject. The first part of the thesis first briefly introduces cryptoactive assets and then describes their legal nature. Furthermore, this section discusses the definition of cryptoassets in relation to cryptocurrencies and the definition of the term token. The second part is focused on a closer analysis of the tokenization process and the tokens resulting from it. The focus is mainly on the classification of tokens and the comparison of different approaches to classification by different jurisdictions. Depending on the purpose of tokenization, tokens of different legal nature with different tax obligations are issued, therefore it is crucial to define the types of issued tokens and determine their...
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Legal regulation of the strong customer authentication
Řehůlka, Karel ; Sejkora, Tomáš (advisor) ; Kotáb, Petr (referee)
Legal regulation of the strong customer authentication Abstract The subject of this rigorous thesis is the legal regulation of strong customer authentication. Its aim is to create an overview of the existing legal regulation of strong user authentication, to point out the shortcomings of this regulation, to propose related solutions and to evaluate the impact and effectiveness of its adoption. In the introductory part, the author first describes the existing legal regulation of payment transactions, the types of payment systems under which electronic payments are settled and analyses the individual payment services under the Czech payment transactions act and the persons authorized to provide them. The author concludes this section with a brief historical development of the regulation and an overview of the effective legislation in this area both in the Czech Republic and the European Union. In the next part, the author discusses the concept of strong customer authentication, the development of its legal regulation, its comparison at the EU and Czech level and then analyses its individual elements from the categories of knowledge, possession and inherence and the requirement for their mutual independence. This is followed by an analysis of the specific situations in which people authorized to provide...
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Decentralized Finance from the Perspective of Czech Financial Regulation and MiCA Proposal
Koliba, Viktor ; Sejkora, Tomáš (advisor) ; Kotáb, Petr (referee)
1 Decentralized Finance from the Perspective of Czech Financial Regulation and MiCA Proposal Abstract Decentralized Finance constitutes a new system for allocating resources by using irreplicable digital data that can be processed within a predefined framework of automatic operations based on blockchain technology. Its development has brought not only new economic opportunities but also a number of risks and legal issues. Since Decentralized Finance is in its early stages, relevant legal questions relating to its positioning within the existing and forthcoming legal frameworks are still not firmly established yet. This thesis aims to answer those relating to the applicability of selected Czech financial regulations and the European Commission's Proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto-assets, as well as validate the hypothesis that the wide scope of the MiCA Proposal could influence the ecosystem of Decentralized Finance. First, the important technical foundations of Decentralized Finance and their specifics were outlined, and relevant financial applications were established for further assessment. Subsequently, the applications were compared with the scope of the chosen Czech financial regulation, namely the Act on Payment System, the Act on Currency...
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General Anti-Abuse Rule
Vraštil, Martin ; Sejkora, Tomáš (advisor) ; Kotáb, Petr (referee)
GeneralAnti-Abuse Rule Abstract This thesis first deals in general terms with the basic classification of taxpayers' strategies for reducing their taxes based on compliance of these strategies with the law. It then focuses on the legislative responses having the form of General Anti-Avoidance Rule of the supranational and the state entities which are most relevant in relation to Czech taxpayers. These are the General Anti-Avoidance Rules contained in the sources of European Union law and the General Anti-Avoidance Rules contained in the legal order of the Czech Republic. The aim of this thesis is to determine the content of the General Anti-Avoidance Rule and thus to answer the question of what this measure truly is. This aim is achieved by analysing relevant sources of law and secondary literature, by describing the content of the European and Czech General Anti-Avoidance Rules and by comparing them with each other. In the chapter which is dealing with General Anti-Avoidance Rules in the European Union, this thesis first focuses on the historical development of various forms of General Anti-Avoidance Rules in European Union law. In this chapter the author then describes the particular components of a European General Anti-Avoidance Rules, which precisely represent the procedural steps a tax authority...
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Investment services and their regulation
Losenický, Jan ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
Investment services and their regulation Abstract The main objective of this thesis is to provide a description of investment services and legal regulation of their provision. This description is not limited only to a legal point of view but is provided also from an economic point of view since the latter approach has never been provided in Czech legal papers although it may be useful to handle with issues regarding both the interpretation and application of legal rules governing the provision of investment services. The first part of this thesis aims at defining some relating economic or financial terms like financial system, financial markets and explaining the concept of perfect and imperfect markets. It also emphasizes the influence of human heuristics and biases on investment decision making. In the second part, I described investment services in general including the economic reason of their existence and the reason of their provision. Then I followed with the review of legal system governing those services. The third part is dedicated to the main characteristics of some typical providers of investment services and their main differences vis-a-vis each other. Following part deals with rules of conduct especially with inducements and duty to assess the suitability or appropriateness of investment...
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The Czech National Bank and Inflation Targeting as an Instrument of Maintaining Price Stability
Pokorný, Tomáš ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Title: The Czech National Bank and Inflation Targeting as an Instrument of Maintaining Price Stability Author: Ing. Tomáš Pokorný Supervisor: doc. JUDr. Michael Kohajda Ph.D. When performing monetary policy, the central bank can follow inflation targeting or other monetary policy rules. Following a rule, the central bank can efficiently stabilize economic development in the long run, because the changes in the mon- etary policy given by the policy rule are included in the rational expectations of agents. It might seem that the consistency of monetary policy is secured by following the policy rule only. The potential discretion, however, remains in the different preferences of the bank board members, which may completely change monetary policy decisions within the given monetary policy rule. Current leg- islation does not prevent this discretion by any means as the decision of bank board members' appointment is awarded to the Czech president exclusively, who can completely disrupt the monetary policy consistency with the previous bank board. The changes in the bank board preferences are analyzed using the GMM method on two subsamples in the period of 1996 Q3 - 2021 Q2. The empirical analysis shows that the Czech National Bank followed its constitutional duty and reacted with its policy rates to the...
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International cooperation in tax administration
Čermáková, Žofie ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
International cooperation in tax administration Abstract This diploma thesis is about international cooperation in tax administration. Due to the globalization process which makes it possible for taxpayers to run economic activities from around the world became the topic of international cooperation in tax administration a very topical issue. Although we can date the beginning of this cooperation to middle ages, the biggest steps forward were made in the last decades. Main players on the field of administrative cooperation regarding taxes are besides individual states international, intergovernmental institutions such as OECD, UN and naturally European Union. All of these players release legal texts which regulate international cooperation in tax administration. Most relevant legal regulations on the international level are bilateral Double Tax Treaties which set the foundation of international cooperation in between states. Another important document is multilateral Convention on Mutual Administrative Assistance in Tax Matters with 146 participating jurisdictions. Last documents that are impossible to omit are the OECDs and UNs Model Double Taxation Conventions which are well used by states when negotiating the contents of already mentioned Double Tax Treaties. The main European Union's legal regulation...
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High-frequency trading in capital markets from the perspective of recent legislation
Bergmann, Matěj ; Sejkora, Tomáš (advisor) ; Kotáb, Petr (referee)
77 High-frequency trading in capital markets from the perspective of recent legislation Abstract The rapid development of technology in recent decades has also had an impact on capital markets trading. In particular breakthroughs in information and communication technology and quantitative market modelling have had an impact. Today's markets have become essentially just electronic matching systems that allow traders to trade at previously unimaginable speeds and with reduced transaction costs. However, these technological advances have brought with them increased market fragmentation and the emergence of new ways of trading. These developments resulted in, among other things, algorithmic and then high-frequency trading. Both of these relatively young disciplines have brought with them their own set of specific impacts, both positive and negative, on capital markets, but it is high-frequency trading that has attracted the attention of both the lay and professional public, particularly in relation to its impact on the stability and fairness of capital markets. The goal of this paper is to describe both the technological and regulatory factors that have led to the development of high-frequency trading, to provide an insight into some of the strategies that are used by high-frequency traders, to describe some...
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