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Forced passage of participating securities
Kvaček, Jiří ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
This rigorous thesis deals with the topic of the forced passage of participating securities in a joint stock company as regulated by Act No. 90/2012 Coll., on Business Companies and Cooperatives (Act on Business Corporations), as amended, that has been extensively amended with effect from 1 January 2021. The purpose of this thesis is to conduct an in-depth legal analysis of the amended legislation, inter alia, by using the case law of the Czech courts, to draw attention to the shortcomings and ambiguities of the legislation, to suggest possible solutions and to try to identify the most appropriate one. In order to clarify the thesis, the text is divided into several chapters, of which every chapter contains an in-depth analysis of individual parts of the examined problematics, which can be understood as relatively separate areas. The chapters are further divided into subchapters. The first chapter is devoted to the explanation of the basic terms and instruments that are inseparably linked with the forced passage of participating securities. Understanding these terms and instruments is crucial for understanding the complex problematics of the forced passage of participating securities in general. The second chapter examines the problematics of the constitutional conformity of the legislation and...
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