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State debt and its legal regulation
Kůžel, Lukáš ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Sovereign debt and its legal regime The aim of this thesis is to describe and analyze the situation in the dealing with the sovereign debt and some basic legal aspects of the solution of sovereign insolvency. In connection with the global financial crisis a number of questions arise regarding the legal regime of the sovereign debt, and particularly the sovereign bankruptcy. While bankruptcy as a legal institution is quite accurately described and solved at the level of national law, provided that in such a situation, if a state has a very unclear legal framework. In my work I am trying to illustrate different ways of addressing such cases in the past and focus on the main ways on their possible reform. This thesis consists of four chapters, each dealing with a different aspect of solving the national debt. The first chapter provides a broad introduction to the problem, presents some contemporary mechanisms of resolving sovereign debt and in the final part reveals some pitfalls that follow these approaches, particularly their high costs, inefficiency...
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Legal aspects of activities of an investment intermediary
Hobza, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Legal aspects of activities of an investment intermediary Abstract This thesis deals with the institute of an investment intermediary and selected legal aspects associated with its activities. The aim of the thesis is mainly to define an investment intermediary, its role in the capital market and to analyze some of the duties connected with its activities. The first chapter of the general part of this thesis is devoted to the concepts of the capital market, the services provider in the capital market and the investment service and ancillary service. The current legislation regulating provision of the investment services and activities is outlined. The second chapter conceptually defines investment intermediary and puts it into the context of the capital market. Some problematic issues related to the conceptual characteristics of the investment intermediary are noticed in this part. Especially, the requirements related to the professional competence of the investment intermediary are analyzed in this part and the conclusion in an inappropriate setting of these requirements is presented to the readers. Chapter three analyzes a very frequent cooperation of an investment intermediary and another entity, the tied agent. Certain problematic aspects of this cooperation are noticed, as well as their negative impact...
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Legal regulation of the activities of banks
Jedlička, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The subject matter of this thesis is a treatise on legal regulation of bank activities. I have chosen this topic for its recency in a connection with global financial crisis and also in a connection with application of new European legislation in the field of bank regulation. Activities of banks belong among one of the most regulated market areas because eventual failures of banks are very dangerous not only for a functioning of the bank system but also for a huge amount of other subjects dependent on proper financial factoring. An importance of bank regulation is also given by a large amount of depositors who have their money deposited with the bank and who can lose their funds in the case of a failure of the bank unless the institutes of the financial safety net will provide compensation. Regulatory rules impact on banks already in the phase of their origin. There are strict conditions for an obtaining of the bank license from a reason of a prevention of an entry of unhealthy business subjects to bank market to avoid problems prior to their creation. An exit from bank market is also regulated in the form of a different legal regulation of insolvency and liquidation of the bank. The thesis is divided into eleven chapters which are divided into several subsequent subchapters. The thesis starts with...
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Capital requirements for the coverage of banking risks
Křemen, Jaroslav ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Capital Requirements for the Cover of Bank Risks The aim of this thesis is to explain the issues of calculation of Capital Requirements for the Cover of Bank Risks in the Czech Republic, to carry out the analysis of discretionary powers made by the Czech National Bank upon powers given to it by respective regulations, and to give an outline of the future development of regulation of Capital Adequacy. The introduction specifies reasons for establishing and basic principles of functioning of Capital Adequacy and correlation between Capital Requirements for the Cover of Bank Risks and the concept of Capital Adequacy. The second chapter deals with the historical development of the concept of Capital Adequacy both in the international environment on the level of the Bank for International Settlement and on the level of the European Law and in the Czech Republic. The second chapter further describes the system of bank risks with which the banks are confronted. The third chapter deals with the legal regulation of Capital Requirements for the Cover of Bank Risks in the Czech Republic itself. At the beginning the situation in the Czech banking sector is analysed in general. This chapter further gives ways of calculation of Capital Requirements for the Cover of Bank Risks in compliance with the Czech and the...
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Transaction with securities and their legal regulation
Reiterman, Dávid ; Kotáb, Petr (advisor) ; Dřevínek, Karel (referee)
Resume: The aim of my thesis is to define the area of investment banking and point out its specifics in terms of Czech life and institutions in carrying out securities transactions by way of analyzing relevant legislation, its doctrinal interpretation, supplemented by some practical conclusions drawn from relevant case law and opinions of regulatory bodies. The thesis is divided into three separate parts. The first part tries to grasp theoretical concepts used in the title of this work. The definition and nature of security is essential for its later usage in terms of operations which are performed with such securities by investment banks. Types of such operations are defined by various investment services which determine the extent of investment banks' scope of business. In addition to those investment services, the Czech regulatory environment also addresses the status of investment banks whose different models (in terms of their functioning) can lead to terminological questions of why some investment banks are not a bank in a legal sense. The above provides a basis for the second part of my thesis, which is concerned with an analysis of respective securities operations that are usually carried out by investment banks operating in the Czech Republic. These operations are linked together and are often...
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Legal issues of commercial and investment banking
Suchá, Anna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
This thesis is dedicated to the Financial Law, namely to a special part of this branch of law - Banking Law, with a special focus on legal aspects of commercial and investment banking. This thesis concentrates on the specifics of the universal banking system applied in the Czech Republic. Chapter 1 deals with the general terms and concepts of the Banking Law, namely with the different types of banks and/or other financial institutions, as well as explanation of their different functions in the banking system of the Czech Republic. This chapter furthermore provides general overview of the structure of the banking and financial system of the Czech Republic. Chapter 2 covers the functions and characteristics of two fundamental types of banks, i.e. of commercial and investment banks and provides characteristics of their common features as well as the differences between them, from the perspectives of economics and law. Chapter 3 concentrates on three different banking models, namely on model of universal banking system, segmented banking system and hybrid banking system. This chapter also provides comparison of pros and cons of the above mentioned banking models. Chapter 4 looks in detail on a model of integration of investment banking into the banking system of the Czech Republic and furthermore, on...
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A comparison of the regulation of activities of national banks of the Czech Republic and Slovakia in their supervision over financial markets
Chvojková, Šárka ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
In the era of constant advancing of the globalization and quick development of the financial markets, the financial markets supervision is still the current topic. Lately, these tendencies have been significantly strengthened under the influence of ongoing world financial crisis. In the light of the crisis, which started as a "credit crisis", the topic of the financial markets supervision has become discussed in countries worldwide and also at the international level, because finding of an effective arrangement and supervision execution could substantially help to overcome the crisis. The main goal of this paper is the analysis and comparison of the legislation on the activities of the Czech and Slovak National Bank in the field of the execution of financial market supervision. The development of Czech and Slovak legislation is interesting as they both emerged from the same legal foundation, went through the phase of individual development and then they became closer again influenced by the European Union. The first two chapters of this thesis focus on the definition of basic terms used further in the thesis and then characteristics of the basic models of the supervision institutional organization. The second chapter deals with the subjects of the financial markets supervision and contains list of...
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Legal issues of derivatives
Kessler, Tomáš ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
1 Legal Issues of Derivatives Abstract Derivatives symbolize one of the most successful instruments of international markets in 20. century boosted by ongoing globalization and never-ending technological progress. Though origins of derivatives could had been found in Ancient times, the real "explosion" of derivatives has blown in last two centuries. The essential objective and purpose of the thesis is firstly to analyse the true meaning and definition of the term "derivative" and surrounding legal issues and secondly to provide comprehensive list of basic derivatives according to the historical and financial-economic indicators. My thesis consists of six chapters. First two introductory chapters deal with the general aspects of derivatives, such as definition and legal nature. Derivatives, generally speaking, are legal contracts between market participants allowing contracting parties to transfer risks connected with particular underlying to another party or speculate on market movements in order to gain profits. Derivatives are traded in both, standardized and OTC markets, which embodied them with ultimate flexibility and range. Assessing true legal nature of derivatives stands for one of the main issues concerned by academics and practitioners, in particular whether derivatives fall under the category of...
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Modern types of derivates and their reflection in positive law
Laga, Vojtěch ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Abstract/ Modern Types of Derivatives and its Reflection in the Positive Law The purpose of my thesis is to provide an introduction to modern types of derivatives and analyze its regulation in the positive law of the Czech Republic. The reason for my research is an absence of literature on modern types of derivatives in the Czech language, as well as the fact that the legal nature of derivatives remains still unclear. The thesis is composed of four chapters. Chapter One provides an introduction into derivatives in general. It deals with the notion of derivatives and classifies them as an innovative instrument of the capital market. It also tries to analyze various definitions of derivatives, and although it concludes that there is no ideal, all-encompassing definition of derivatives, existing definitions usually give fairly good idea about what the derivatives are. Chapter One further deals with the regulation of derivatives in the Czech law (importantly, its tries to rebut an opinion that derivatives fall under the regulation of hazardous activities), it focuses on economic function of derivatives (namely hedging and speculation), it explains and justifies the division of derivatives into "classic" and "modern" or "exotic" derivatives, and finally it describes the main types of classic derivatives and its...
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Taxes and similar charges in banking business
Pieran, Ondřej ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The purpose of the thesis is to analyse the relation between tax legislation and banking services. The thesis is formed of two parts. The first part (Chapter 1-3) covers aspects of the actual tax legislation in relation with banking services, the second part (Chapter 4-8) addresses trends which may be followed in the future regarding financial sector taxation. The thesis is composed of eight chapters. Chapter One deals with the position of banks as taxpayers of income tax, tax aspects of the banking business, tax provisions and the position of the banks as a payer of tax. The conclusions may be made that only limited pieces of income tax legislation are exclusive for banks. Peculiarities of banking transactions are reflected by accounting rules. Chapter Two focuses on the exemption of financial services from the system of value added tax. Some of financial services which are subject to the VAT are mentioned. Alternatives to the exemption approach are also investigated. Chapter Three is devoted to the system of deposit insurance and contributions of banks to the Deposit Insurance Fund. Future development in this field is also commented. Chapter Four deals with a general approach to the financial sector taxation, its motives, opportunities and related risks. Chapter Five examines the state of...
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