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Capital Adequacy of Commercial Banks
Husár, Marian ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Capital Adequacy of Commercial Banks The purpose of the thesis is to analyse particular capital adequacy issues. The thesis is composed of three chapters, each dealing with particular aspects of capital adequacy. The introductory Chapter One clarifies the meaning of capital adequacy. The thesis is based on two main aims. Chapter Two examines Basel Committee of Banking Supervision materials and following relevant EU and Czech legislation. The methodology used in this chapter vests in comparative analysis and legal analysis of current Czech national legislation. The first aim is to tackle the legal issues of implementation and effective enforcement of current capital adequacy rules, with concentration on the key problem of inconsistency of implementation among countries. The Chapter Three describes the reasons for adoption of new regulatory rules of capital adequacy in connection with recent turbulent changes in financial markets. To make a conclusion whether Basel III is a sufficient reaction is the second main aim. It focuses on analyse of the Basel III rules as a set with some practical notes on ongoing implementation in the world or in the Czech Republic in particular. The Basel Committee rules need to be implemented carefully. Whether by partial or incomplete implementation of Basel rules or by...
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Banking transactions and their legal regulation
Sivý, Milan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
English summary Banking The main objective of my thesis is to survey characteristics of legal and economic status of banks in the Czech Republic and legal relations resulting from interactions between commercial banks and their clients within the term banking. This thesis is composed of four chapters. The first chapter concerns legal and economic status of banks in the Czech Republic, structure and system of banking, banking franchise and bank management. The second chapter is related to characteristics and systematization of bank products, business secrets, prices of bank products, banking risks and supervision over banking transactions. The third chapter of my thesis touches upon the first main category of banking, which is deposit banking. The relation between the bank and its client is that of the debtor and the creditor. In the chapter I discuss the possibilities of a bank to acquire money from a client. Firstly the bank can save money on current accounts or saving accounts. Secondly issuing bank securities is another possibility for a bank to acquire money from its clients. Bank bonds or deposit bills of exchange are cases in point. In the last chapter I focused on the second main category of banking, bank credit products. Clients obtain credits from banks and as a result the bank is in the position...
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Banking transactions and their legal regulation
Císař, Zdeněk ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The diploma thesis deals with the banking transactions and their legal regulation in the context of the Czech valid legislation. Primarily, this thesis aims at presenting the general issues of the banking transactions to potential readers, further, to provide the readers with a well-arranged categorization of the banking transactions and to inform the readers about the substantial elements of legislation of individual banking transaction and their public regulation. Due to vastness of the topic of the thesis, the thesis will focus, after introducing the general part relevant for all the banking transactions, on 2 main groups of banking transactions, credit banking transactions and deposit banking transactions. The thesis consists of 6 individual chapters that have a logical sequence. The first chapter shows the existence of banks and of the banking system as the main presupposition for the rise of banking transactions. Futher, the chapter discusses the historical development of the Czech banking system since 1918 until nowadays and the position of banks within this system. The second chapter focuses on the definition of banking transactions and their content, followed by the description of characteristic features and different approaches to categorization of the banking transaction. The third chapter deals...
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MiFID - uniform investment services within the EU
Bastl, Stanislav ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
This year marks 13 years since the seeds were introduced by the Financial Services, which in this field began the gradual integration of the EU Member States. The declared objective of harmonization is to say, in 2005, to be achieved, because the negotiations ran into new and new obstacles, that the very implementation of directives by Member States slowed down but ultimately, we can say that the implementation of directives to date, proved successful. The example of MiFID has been demonstrated that a legislative process is lengthy and complicated issue which has clearly defined rules and procedures experienced. The process involved directly or indirectly, a number of players who want to promote conditions that favour the competition. Didn't acknowledge, that the receiving Standards was classified activity that the action behind wall European institution. Professional public had the opportunity to influence the final form of the draft prepared by the European Commission. European equity markets have undergone a period of unprecedented change due to the changed regulatory environment following the introduction of MiFID also due to technological advances that occurred during the same period. The introduction of MiFID coinciding with a period of market fluctuations caused by external factors related...
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Model agreements on double taxation avoidance in the practice of the Czech Republic
Taschner, Lukáš ; Kotáb, Petr (advisor) ; Novotný, Petr (referee)
This thesis deals with international taxation, which is becoming an increasingly important issue due to the globalization of world economy in recent decades. International taxation is a broad topic including a variety of problems concerning it. Among the most important recognized phenomena are International double taxation and tax evasion. The conclusion of bilateral tax treaties seems to be the most efficient instrument for their solutions so far. Model Tax Conventions have been prepared by international organizations for the purposes of coordination of structure, wording and interpretation of numerous bilateral agreements. The OECD Model Treaty and the UN Model Treaty are widespread worldwide, being legally non- binding models for negotiations of bilateral agreements. In addition to those, the proposal of a new multilateral European Union Treaty has appeared. It should be signed by all members of the European Union, and it would replace all bilateral agreements concluded between the EU member states. Within the global community of other states and nations, the Czech Republic has an open and liberal economy. Therefore, it is necessary for the Czech Republic to have all international tax issues ensured with each economic partner. Over the past twenty years, the Czech Republic has concluded 67 out...
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Legal aspects of currency and money circulation
Švábová, Petra ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
1 The legal aspects of currency and payment system Resume: The monetary law as a part of the financial law is concentrating mainly on institutions of currency, its emissions, payment systems and its security. Currency is a concrete monetary system in a concrete state, which is settled by legal acts of this state. The state authority specifies not only the nominal value of banknotes and coins, but also rules of their reproduction, rules of the exchange of damages banknotes for new ones, rules of their acceptance as a payment instruments, rules o payment systems etc. The monetary system in Czech Republic is compounded of banknotes in denomination of 50, 100, 200, 500, 1000, 2000, 5000 and coins in denomination of 1, 2, 5, 10, 20, 50. The currency named Czech koruna and it is divided into 100 hellers. The sole institution, which has a legal right to emit banknotes and coins, is the Czech National Bank by the Act no. 6/1993 Co. The CNB through its ordinances specifies the emission of a concrete banknote or coin, its size, design, weight... and beginning of validity (for example the Ordinance CNB no. 78/2009 Co. or Ordinance CNB no. 111/1993 Co.). To protect banknotes against a counterfeiting they are provided by security features as watermark, security threads, perforation, see-through mark, hologram, raised...
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The Stock Exchange
Schicková, Pavla ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
1 ABSTRACT Stock Exchange The contents of the notion "stock exchange" change in time. Factors inducing these changes are intertwined and influence each other. The introduction of modern telecommunication technologies in 1980s brought about a process of change in the notion of "stock exchange". This factor mainly influenced the territorial aspect of said notion. Modern communication technologies allowed for integration of capital markets within Europe. This integration required unification of legislation in EU Member States. The crucial piece of Czech legislation implementing European norms in the area of stock exchange markets is the Act No. 256/2004 Coll. on Business on Capital Market. The greatest influence on the notion of "stock exchange" has had the transposition of the EU MiFID directive into that act in 2008. The changes introduced by this directive have led to vacating tne notion of "stock exchange" in legal terms with the term itself being replaced by "operator of the regulated market". Over the past decade the supervision and regulation on both European and national levels have undergone substantial changes. The changes and innovation in the investment instruments market have called for changes in institutional setting of supervision and regulation. These changes in supervision and regulation have...
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Legal Aspects of Derivatives
Krupová, Tereza ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Legal Aspects of Derivatives This thesis deals with derivatives and their legal aspects. The purpose of the thesis is to focus on the main characteristics of derivative contracts and try to find their legal nature. The main reason for choosing the topic was the lack of information about legal problems regarding derivatives. It seems to be an interesting paradox. Billions of derivatives contracts are traded every day but not much has been written about them from the law point of view. Although there are many books dealing with their economic characteristics their accounting and tax aspects, it is hardly possible to find a monograph dealing with their legal base. This thesis is divided into five main parts. The first one describes derivatives in general, offers a definition and divides them into basic categories. The second part encompasses history of derivatives and their regulation. This part is mainly connected to common law rules since derivatives have developed mostly within Anglo-American law systems. The third part concentrates on problems arising from the fact that although derivatives are traded all over the world their legal basis remains unclear. The question arising is whether to treat derivatives as wagers, insurance policies or as some different type of contract. In this part I offer my...
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Banking transactions
Kolařík, Jakub ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Englishsummary Banking The main goal of my thesis,,Banking"is to explain the meaningof this word and how are the legal relations,which resultsfrom interactionsbetweencommercial banksandclientswithin thetermbanking,regulatedin the Czechlegalorder. However,I didn't dealwith all the kinds of bankingin the thesis,but I focused on the two main categoriesof banking,which aregenerallyusedby ordinarypeoplethe most.Thesetwo categoriesarethedepositbankingandthe creditbanking. This thesisis divided into five chapters.The first chapteris relatedto the term bank andits legal definition,becausebanksareusuallytypical andthe main subjectsof bankinglegalrelations. The second chapter concernsa definition of banking, explains this term and severalpossibilitieshow to divide banking into severalcategoriesdependingon the different aspectsareincluded there. In the third chapterof my thesis,I focusedon the first main categoryof banking, which is depositbanking.The bank is in the role of the debtorin relationto its client. The first option,how bankscan acquiremoneyfrom the clients,is the form of savings on currentaccountsor savingaccounts.The secondpossibility for the bank is to issue bank securities.The examplesof the bank securitiesarebank bondsor depositbill of exchange. The fourth chapteris focusedon the secondmain categoryof...
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