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The issue of so-called Chinese walls in banking industry
Vičan, Michal ; Kotáb, Petr (advisor) ; Dřevínek, Karel (referee)
The purpose of this thesis is to introduce and analyse the regulatory means of the so-called Chinese walls in banking sector. This is done by examining the Czech Banking Law, but also through comparison of the mechanism of Chinese walls to alternative methods of regulation, as well as by presenting of two practical studies dedicated to Chinese walls. As mentioned, the focus is placed on Czech legislation, however, we do not omit various alternative abroad regulatory approaches used in the past or indeed planned to be passed in the nearest future. The reason for the research is our interest in banking law and this form of regulation of insider trading. The thesis is composed of Introduction, three numbered chapters and Conclusion. Each of the chapters deals with different aspects of the thesis' topic. Introduction briefly explains the different issues that are to be discussed further. In Chapter One, we firstly explain our position on what indeed is the reason the Chinese walls have been introduced to the Czech legal system. After that, we mainly concentrate on the Czech banking legislation, thoroughly analysing its numerous legal aspects. In the end of this chapter, as the result of our analysis, we present our amended version of the law with the recommended changes. Chapter Two describes a brief...
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The central bank, its scope of activities and legal status
Volfová, Klára ; Kotáb, Petr (advisor) ; Dřevínek, Karel (referee)
The central bank, its activities and position Abstract Central banks are in today's global banking system an indispensable part of a stable functioning market economies. I was always interested in these issues. I studied these issues in another master's degree course. The subject of this thesis is the central banking system in the Czech Republic and in the European Union. In the first chapter I focus on definition of banking and on the characteristics of three models of the banking system (single-stage, two-and three-stage banking system). The second chapter is the largest of all chapters. In this chapter I deal with the formation of Monetary Union, the creation of the European central banking system and the foundation of the European Central Bank. I analyze the legal base of European Central Bank, its organizational structure, issuing of legal acts, the capital. I deal with the introduction of the euro in member and non-member countries too. Special attention is paid the independence of the European Central Bank. I analyze its institutional, personal, financial, material and budgetary independence. The conclusion of this chapter deals with the preparations for the introduction of the euro in the Czech Republic. In the third chapter I describe the historical development of European central banking and the...
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Financial and legal regulation of pension companies and pension funds
Jahodová, Iva ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Legal regulation of pension companies and pension funds The Master's thesis concentrates on the main issues of the legal regulation of pension companies, the designated providers of pension savings and supplementary pension savings in the Czech Republic. The thesis evaluates the reform of the pension schemes constituted by Act No. 426/2011 Coll., on Pension Savings, Act No. 427/2011 Coll., on Supplementary Pension Savings, and Act No. 428/2011 Coll., amending Certain Acts in Connection with the Adoption of the Act on Pension Savings and the Act on Supplementary Pension Savings. The thesis is divided into nine chapters. Chapter 1 is an introductory part defining the purpose of the thesis. Chapter 2 describes the pension savings regulation in the Czech Republic prior to the reform's effective date (i.e., 1 January 2013). Chapter 3 describes the pension reform and its justification. Chapter 4 concentrates on the pension companies as the managers of pension funds and supplementary pension funds. The regulation of pension funds is described in Chapter 5 while the regulation of supplementary pension funds is described in Chapter 6. Chapter 7 deals with the regulation of the (supplementary) pension funds' distribution. Chapter 8 suggests certain modifications of the reform package and discusses possible...
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Collective investment
Rigó, Natália ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The subject of this thesis is the analysis of the legal regulation of mutual funds in the Czech Republic. The thesis aims to provide a complex view on the issue. The introductory chapters provide the historic background of mutual funds and demonstrate the legislative evolution of the legal concept and its definition in the Czech Republic. The analytical part is focused on the particular problems of each institution and suggests a possible solution. These chapters point to the complications around the real estate funds and the possible breach of one of the freedoms of the European law. The last chapters point out the ways of protecting the assets of the funds by the depository, as well, as the ways to recover the damages when suffered
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Capital adequacy of banks - grounds, development and prospects of its regulation
Nádvorník, Petr ; Kotáb, Petr (advisor) ; Dřevínek, Karel (referee)
xi Abstract This thesis aims to provide eclectic legal and economic insight into the history, current principles and possible future development of bank capital adequacy regulation. We have worked with a variety of legal and economic literature and official Basel Committee publications. Our goal was to explore the economic background behind the Basel standards and find its legal ramifications and the incentives they create. In the first chapter, we analyze the economic rationale for banking regulation, explain possible methods of bank capital regulation and juxtapose them with other means of regulatory measures in the field of banking. The first chapter also gives overview of the Basel I framework, its implementation process, describes its utilization of new regulatory techniques, as well as its weaknesses. Second chapter provides overview of Basel II approval process and discusses its transparency and institutionary framework. Problematic issues of CRD directive in the Czech Republic are discussed in contrast with norms of due legislation process. In the next chapter, we describe the mechanics of the Basel II framework. In greater detail, we focus on the issues of securitization, off-balance sheet exposures and methods of "promise-shifting" in the financial system. Examples are used to illustrate the...
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Harmonisation of law and economic measures in the area of supervision over commercial banks
Landorová, Anna Marie ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Resumé This diploma thesis deals with harmonisation of law and economic measures in the area of supervision over commercial banks. It is focused on changes that were made in area of regulation and supervision and their legislation during the last several years. Another purpose of this thesis is evaluation of reforms that are proposed as an answer to the last financial crisis, which influenced many economic systems all over the world. In introduction I explain why the regulation and supervision of the commercial banking are so important these days, what are the reasons for changes in the legislation and also I analyse different levels of lawmaking and influence of such. Next I deal with differences between regulation and supervision and common methods of them, for example a minimum capital requirements, a financial reporting and others. The second chapter concentrates on evolution of the regulation in the Czech republic, but also on the international level and also with the european legislation and its transposition in Czech law system. The main part of the thesis is focused on detailed descriptions of each rule. Third chapter is subdivided into four parts. The first part describes the Act on Czech National Bank and main tasks of the Central bank. In the second subchapter I explain each part of the Act on...
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Legal aspects of the status and activities of the Czech National Bank
Růžička, Roman ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The aim of this thesis is to describe and analyse the law position and activities of Czech national bank. The content of thesis is composed of three imaginary parts. In first one the historical development of central banking on Czech territory is described. It is devided into four chapters respecting the chronological development. The thesis is focused on a state of current legislation mainly, therefore the second and third part creates a widest portion of the thesis. The second part examines a framework of constitutional relations of Czech national bank and president, Parliament and goverment particularly, and the independency and aim of CNB in 7 chapters. The third part concerns with statutory law and is composed of 7 chapters also. It deals with a variety of activities of Czech national bank. Introduction, conclusion, abstract, key words and source list are drawn in other parts.
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