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Legal regulation of trading in financial derivatives
Freibergová, Tereza ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
1 Abstract This thesis is focused on the financial derivatives. The main goal of this paper is to analyse legal nature of financial derivatives and to present universal definition, general characteristics or utilization of financial derivatives. The other goal of this paper is to describe the development of supervision and regulation before and after The Global Financial Crisis. The thesis is composed of three main chapters. Chapter One is focused on a definition of the financial derivatives as well as the development of derivatives in the fields of history. Chapter Two is dedicated to brief description and explanation of important derivatives types such as forwards, futures, swaps, options and credit derivatives. Chapter Three of this thesis deals with the problems of supervision and regulation of financial derivatives based on American and European law. In response to the causes and effects of The Global Financial Crisis the regulation increased. There were introduced new regulatory legislations which require for example deep transparency of OTC derivatives or settlement of OTC trades through a central counterparty. Key words: financial derivatives, forwards, futures, swaps, options, regulation
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Measures against the legalisation of proceeds of crime committed within banking industry and loan institutions
Konovalova, Anna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
For a better understanding of relevant issues, in the introduction of the thesis contains a brief historical excursus to that topic, and there are explained the general features of the process of legalization of proceeds from crime, including putting illustrative examples from the area of the criminal law, as well as in the area of financial law. As examples have been selected major bank cases which were related to AML/CFT, but also had much wider impact. The diploma thesis deals with measures against the legalization of proceeds from crime in area of banking and credit institutions and focuses primarily on the measures arising from major law Act no. 253/2008 Coll., on certain measures against the legalization of proceeds from crime and terrorist financing. Consequently, the thesis deals partly with law of the European Communities, which was reflected into national legislation by the Act no. 253/2008 Coll. Following this, the diploma thesis also mentions other sources that have been adopted not only at national level but also in the context of international law. In addition the diploma thesis also identified some selected authorities which are involved in AML/CFT, where attention is aimed to the Financial Analytical Unit, which holds a key position in this specific field. Money laundering is a...
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Information duty arising from providing investment services
Soural, Aleš ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Duty to inform the customer arising from providing investment services is one of the most important institutes of consumer protection in the capital market, especially in light of the recent financial crisis. The aim of this thesis is to comprehensively explain and summarize the issue of disclosure duties of securities trader to the customer. Questions that I ask in this context are: 1) whether the current legislation under the Directive on markets in financial instruments (MiFID I), respectively. Act no. 256/2004 Coll. Capital Market Undertakings Act (Capital Market Undertakings Act) is sufficient; and b) what changes will bring a new directive on markets in financial instruments (MiFID II), respectively amendment to Act no. 256/2004 Coll. Capital Market Undertakings Act (amendment Capital Market Undertakings Act )and whether it is a benefit for the capital market or not. In the introduction I introduce the situation on the capital market in Europe, respectively in the Czech Republic, history and present the information duty when providing investment services and content description of each charter. The first chapter is theoretical and I define in it term of general legal term: information duty, providing investment services, bearer of information duty, and the person entitled to the information....
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Comparison of legal instruments used in the fight against legalization of proceeds of crime in the Czech Republic and the Federal Republic of Germany
Šváchová, Lucie ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The subject of my thesis is the identification and subsequent comparison of legal instruments which are intended to fight against legalization of proceeds of crime, which is also referred to as money laundering, in the Czech Republic and in the Federal Republic of Germany. The first chapter is to familiarize the reader with the issue of money laundering, therefore it provides the definition of the phenomenon of money laundering and also describes the typical phases of this process. The second chapter is devoted to international institutions that deal with money laundering on the supranational level and whose activities are then reflected in international standards. The third chapter deals with legislation related to the fight against legalization of proceeds of crime in the Czech Republic. First I focus on the history of the development of the struggle against money laundering in the country and subsequently describe particular laws designed to regulate the rights and obligations relating to the effective fight against this phenomenon. Further I describe particular obligations that fall on subjects, which may be confronted with efforts to launder money within its activities, and characterize individual institutions that are involved in the fight against money laundering. The fourth chapter is...
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Dispute resolution by a financial arbitrator
Jankových, Kristýna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this diploma thesis was to identify and analyze the decision-making activities of the Financial Arbitrator as an out-of-court dispute resolution body for some of the consumer disputes in the area of financial services, both procedural and substantive points of view. The author discusses the importance and practical impacts of the decision-making activities of the Financial Arbitrator to the parties of the proceedings before the Financial Arbitrator taking into account recent legislative changes affecting this institution. At the same time, the author deals with some practical problems which the Financial Arbitrator faces by its decision making and discusses their solutions. Finally, the author examines and evaluates some of the decisions issued by the Financial Arbitrator in various areas of its competence. The actual text of this work is divided into five chapters, introduction and conclusion. In the first chapter the author briefly describes the origin and development of the institute of the Financial Arbitrator and its institutional framework as to emphasize the specifics of this institute, which is reflected in its decision-making and offers a view of foreign approaches in the creation of disputes dealing with an out-of-court resolution of disputes from financial services. In the...
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Distribution of financial instruments
Hobza, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English language Distribution of financial instruments This thesis deals with the issue of distribution of financial instruments and its legal regulation. The aim of the thesis is to theoretically define, within the financial law systematically classify and analyze the issue of legal framework for the distribution of financial instruments. The secondary objective is to highlight the partial incoherence of legislation regulating the various forms of distribution and propose possible solutions. The first two chapters of this thesis are devoted to general theoretical issues related to the present topic, among others to the concepts of distribution in the financial market and financial instrument. The third chapter deals with investors as addressees of distribution and with the various categories of distributors and analyzes the extent of their qualification in the area of distribution of financial instruments. The chapter four analyzes the different legal forms of distribution of financial instruments with a focus on marketing of investment funds. Within particular chapters, author's views on the issue are given, including proposals de lege ferenda. Finally, the draft of legislative amendments in the area of distribution of financial instruments, representing participation in the investment fund is...
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Constraints on Islamic Banking Within European and Czech Legal Framework
Mádl, Hynek ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Title Constraints on Islamic Banking Within European and Czech Legal Framework Author Hynek Mádl Keywords Islamic banking, credit, Sharī'ah board, Murabaha, Musharakah Summary Islamic banking is a sector of financial market which was formed in the 1970s and since then, it has spread outside Muslim countries too. The difference between Islamic banking and conventional banking is in the fact that all activities of Islamic banks shall be consistent with the principles of Islamic law. The submitted thesis aims to find and analyse obstacles of implementing Islamic banking, resulting from its singularities, in the European and Czech legal framework. In the introduction, the author shortly describes theoretical principles of Islamic banking and ways in which contemporary practices of Islamic banks have deviated from these principles. The next part of the thesis lays out individual characteristics of Islamic banking. Using the examples of specific finance models (especially Murabaha and Musharaka financing), these features are assessed from the viewpoint of their compliance with legal regulation of banks and their activities. The process in which a bank provides financing to its clients by acquiring and disposing assets, which such financing applies to, is considered to be the most disputable element of Islamic...
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Legal regulation of consumer credit in selected jurisdictions
Teplý, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Legal regulation of consumer credit in selected jurisdictions - abstract This master thesis is a comparative study of consumer credit regulation. Consumer credit regulation is compared in three different countries: the Czech Republic, Russia and the United Kingdom of Great Britain and Northern Ireland. The distinctions between the Czech regulation on one hand, and Russian and British regulations on the other hand are analyzed and evaluated in terms of their reasonability. The conclusion summarizes the recommendations for optimization of the future consumer credit regulation. Keywords Consumer credit, annual percentage rate of charge, interest, consumer credit advertising, Russia, United Kingdom
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Types of investment funds from the point of view of positive law
Nemerád, Petr ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Types of investment funds from the point of view of positive law The purpose of my thesis is to present a comprehensive view on differences and possibilities of particular types of investment funds from the point of view of positive law. The main aim of the thesis is to contrast these differences and possibilities with other types. The first chapter deals with basic issues of investment funds. The aim of this chapter is to look at investment fund as an institution especially from a fundamental economic perspective and come through into its economic nature. Furthermore the chapter contain description of main benefits of mutual funds as compared with the individual investment, draws attention to the problem of conflicts of interest and contains the basic classification of investment funds. The aim of the second chapter is to describe in basic features development of legal framework of investment funds in Czech Republic in the light of Act on Investment Companies and Investment Funds from early beginnings to current. With regard to the scope of respective law, focuses the chapter mainly on applicability, structure, legal forms and on some chosen questions. Content of the third chapter is brief treatise about legal term of investment fund. Next chapters focus on organizational forms and other division...
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The financial market and its legal aspects
Kačiaková, Petra ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Diploma thesis Financial market and its legal aspects provides a general overview on financial market and in next chapters continues with collective investments via funds of collective investors as one of ways how a natural or legal person can participate in the financial market processes. In first two chapters the thesis provides a characteristics and more detailed description of the terms financial market and capital market. Second chapter then defines the division of capital market types of investment Instruments that are traded on the market and entities that are present in the financial market and are necessary for its functionality. The last sub-chapter of second chapter summarizes the general overview of the current situation and development of capital market in Czech Republic, together with providing Czech and European legislation that regulates the financial and capital market. Third chapter introduces the term collective investment together with investment companies and investment funds law, that serves as a main regulation for collective investments. In this chapter we can also find the advantages and disadvantages of investing via investment funds and main entities that operates in the financial market with connection to collective investments. Fourth chapter further defines investment...
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