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Registered capital de lege lata and de lege ferenda
Carbol, Luděk ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
77 11 RESUME Legal capital de lege lata and de lege ferenda In the dissertation "Legal capital de lege lata and de lege ferenda", I draw attention to the current situation of registered capital of public companies and the theoretical concepts. In order to understand the role of the registered capital within the system of law, I analyse the historical basis of the concept and system of protection of creditors in company law. I deal with the role of registered capital for company by itself as well as with its function how to protect shareholders and creditors. The guiding objektive of this study is evaluace the feasibility of an alternative to the current regime of legal capital established by the Second Copmapy Law Directive and by legal framework set in Czech Commercial code (code 513/1991, subsequently amended). One building block of current capital regime of the EU and of the Czech Republic is the concept of a subscribed capital which is protected from distributions. The concept of subscribed capital is extended to the Second Directive's approach to capital maintenance, which provides restrictions on share repurchases, capital reductions, the withdrawal of shares and financial assistance. In my thesis I described all the functions and basic principles which legal capital creates. This institute has one...
Registered capital de lege lata and de lege ferenda
Carbol, Luděk ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
77 11 RESUME Legal capital de lege lata and de lege ferenda In the dissertation "Legal capital de lege lata and de lege ferenda", I draw attention to the current situation of registered capital of public companies and the theoretical concepts. In order to understand the role of the registered capital within the system of law, I analyse the historical basis of the concept and system of protection of creditors in company law. I deal with the role of registered capital for company by itself as well as with its function how to protect shareholders and creditors. The guiding objektive of this study is evaluace the feasibility of an alternative to the current regime of legal capital established by the Second Copmapy Law Directive and by legal framework set in Czech Commercial code (code 513/1991, subsequently amended). One building block of current capital regime of the EU and of the Czech Republic is the concept of a subscribed capital which is protected from distributions. The concept of subscribed capital is extended to the Second Directive's approach to capital maintenance, which provides restrictions on share repurchases, capital reductions, the withdrawal of shares and financial assistance. In my thesis I described all the functions and basic principles which legal capital creates. This institute has one...

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4 Carbol, Ladislav
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