Borsík, Daniel

Collective investment scheme from the position of corporate governance Abstract The purpose of the dissertation thesis is to research the possibilities of application of corporate governance mechanisms in the area of collective investment scheme. In particular, the author surveys what corporate governance mechanisms are available for shareholders of ordinary corporations, what mechanisms are available for fund investors, what are the common overlaps of these mechanisms, and vice versa, where differences can be seen. These topics are analysed above all from the point of view of American law and European law. The thesis understands corporate governance mechanisms as the devices, institutions, and mechanisms by which shareholders assure themselves of not losing their investments. In principle, shareholders have three types of corporate governance mechanisms at their disposal, namely, regulatory, self-regulatory and market mechanisms. Regulatory mechanisms are instruments developed by legislator. Information duties, shareholder voting, board monitoring of management, fiduciary duties, remuneration schemes and debt instruments are analyzed in the area of regulatory mechanisms. Self-regulatory mechanisms are mechanisms created and enforced by market players. Corporate governance codes are particularly the most...

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