|
|
The Financial System Supervision in the European Union
Mokoš, Martin ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee) ; Papoušková, Zdenka (referee)
The Financial System Supervision in the European Union Abstract In the first chapter of my dissertation theses, I defined the objectives of the dissertation theses, I chose suitable methods of scientific work, which I applied in the entire process of creating the dissertation theses, I described them in more detail, and I also described in detail the entire methodology of the dissertation theses. In the second chapter of the dissertation theses, I paid attention to the definition of the financial system in the European Union and also to the legal acts of supervision over the financial system in the European Union. I also described the basic supervision of the financial system in the European Union, the banking union as part of the financial supervision system, as well as the European System of Central Banks (ESCB) and summarized other aspects of the supervision of the financial system in the European Union. At the end of this chapter, I state that by summarizing the institutional arrangement of European supervision, I have fulfilled one of the set sub-goals. In the third and fourth chapters, I described and evaluated the functioning and structures of specific components of the mechanism of macroprudential supervision and microprudential supervision of the European Union as part of the supervision of the...
|
|
|
Crowdfunding platform models from the perspective of the new EU regulation
Peštál, Jakub ; Sejkora, Tomáš (advisor) ; Kohajda, Michael (referee)
This thesis focuses on the definition of the scope of the new EU Crowdfunding Regulation and the implications for operators of crowdfunding platforms with different business models. The aim of this thesis is to assess which business models of financial crowdfunding fall within the scope of the new Crowdfunding Regulation and which do not. For those business models that, for the reasons presented in the thesis, do not fall within its scope, the thesis seeks to provide an answer as to what legislation applies to such models. The first part of the thesis defines different models and types of crowdfunding, the history and development of crowdfunding into its modern form and the characteristics of crowdfunding. The Crowdfunding Regulation applies to financial crowdfunding, while non- financial crowdfunding represented by donation-based and reward-based types falls outside the scope of the new EU Regulation. The second part of the thesis focuses on the first of the two types of financial crowdfunding, i.e. lending-based crowdfunding. The definition of a loan under the Crowdfunding Regulation itself is introduced and analysed. This is followed by an introduction of the different business models used in practice and an assessment of whether or not they fall within the scope of the new EU Regulation....
|
|
|
Investment asset management comparable to fund management
Pivko, Petr ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
4 Investment asset management comparable to fund management Abstract This thesis concerns the analysis of the legal regulation of the functioning of mini-funds, or persons according to Section 15 of Act No. 240/2013 Coll., on Investment Companies and Investment Funds. These are entities that can manage investment assets without requiring the relevant public authorisation granted by the Czech National Bank. The essence of their existence is the fact that they fulfil some of the characteristics of investment funds, although they are not investment funds. The popularity of the use of this institute in the context of collective investment escalated during the pandemic of the Covid-19 disease. In my thesis I analyse the rights and obligations linked with this management, the legal relations towards investors and also towards the Czech National Bank. The thesis consists of several parts, namely an introduction of the European legislation on which the Czech legislation is based, and the most important part, both in terms of its scope and significance, containing a description and analysis of the Czech legislation. The thesis also includes research on the domestic mini-fund market, where data representing a part of the market are presented and provide insight into, for example, how much assets mini-funds represent...
|
|
|
The Czech National Bank and Inflation Targeting as an Instrument of Maintaining Price Stability
Pokorný, Tomáš ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Title: The Czech National Bank and Inflation Targeting as an Instrument of Maintaining Price Stability Author: Ing. Tomáš Pokorný Supervisor: doc. JUDr. Michael Kohajda Ph.D. When performing monetary policy, the central bank can follow inflation targeting or other monetary policy rules. Following a rule, the central bank can efficiently stabilize economic development in the long run, because the changes in the mon- etary policy given by the policy rule are included in the rational expectations of agents. It might seem that the consistency of monetary policy is secured by following the policy rule only. The potential discretion, however, remains in the different preferences of the bank board members, which may completely change monetary policy decisions within the given monetary policy rule. Current leg- islation does not prevent this discretion by any means as the decision of bank board members' appointment is awarded to the Czech president exclusively, who can completely disrupt the monetary policy consistency with the previous bank board. The changes in the bank board preferences are analyzed using the GMM method on two subsamples in the period of 1996 Q3 - 2021 Q2. The empirical analysis shows that the Czech National Bank followed its constitutional duty and reacted with its policy rates to the...
|
|
|
Securities and Financial Derivatives Income Taxation in SelectedCountries of the European Union
Ondrušek, Dávid ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee) ; Dřevínek, Karel (referee)
Securities and Financial Derivatives Income Taxation in Selected Countries of the European Union Abstract The aim of the dissertation, dealing with the topic of taxation of income from securities and financial derivatives, is to summarize the theoretical basis of this topic and compare the methods and possibilities of taxation of income from securities and financial derivatives in selected countries of the European Union and outline development trends in this area. The author's intention is to search for, identify and describe similar and different components of the financial and legal framework for taxation of income from securities and financial derivatives. In the first chapter of the dissertation I will state the objectives of the dissertation, methods of scientific work and methodology of the dissertation, I will specify the objectives and methodology of the dissertation, the main objective of the dissertation and partial objectives of the dissertation and methodology of the dissertation together with a description of scientific methods used in the dissertation. . The second chapter of the dissertation will focus on the financial and legal context of the financial market, capital market and derivatives market of the European Union and selected member states of the European Union. In it I describe the...
|
|
|
Ideal Crisis Management Mechanism for Credit Institutions and Investment Firms in the European Union
Kropjok, Vít ; Kohajda, Michael (referee)
Ideal Crisis Management Mechanism for Credit Institutions and Investment Firms in the European Union Abstract: The 2007-8 financial crisis brought about the most severe economic contraction since the Great Depression. Regulators on both sides of the Atlantic were taken aback and soon realized that they had no tools to deal with distressed banks and other financial services firms, failure of which could undermine financial stability not only within individual states, but also on a global scale. As a result, central banks of in particular the United States and the Eurozone became the most important actors in the fight against the unfolding crisis and de facto the only "governmental agencies" capable of swift and decisive measures. Their timely and vigorous reaction most likely warded off the collapse of the global financial system, though it was not without controversies. These controversies are analyzed in this dissertation in order to find out what role should central bank have during financial crisis. Governments followed central banks with massive bank bailouts. In many countries, governments went beyond liquidity provision and nationalized their banks, which threatened their own solvency. Although the global financial system has been largely restored in the last decade, it has been achieved at huge...
|
|
|
Financial Aspects of Global Payment Systems
Moravec, Jiří ; Kohajda, Michael (advisor) ; Boháč, Radim (referee) ; Papoušková, Zdenka (referee)
Financial Aspects of Global Payment Systems Abstract This dissertation summarizes findings on Digital Asset's development, which would fit under the era of Blockchain 1.0. We analyzed and synthetized available resources focusing on the following areas: (i) historic aspects of Digital Assets, (ii) technical solutions of Digital Assets, (iii) actual use of Digital Assets, (iv) abuse of Digital Assets, (v) Digital Assets' legal integration, (vi) Digital Assets as a global payment system. Analyzing history of Digital Assets, we summarize that Digital Assets were developed with the intent to liberate payment systems from existing financial supervision. Once such system became functional it was immediately abused. In connection with technical solutions, we find that as technical complexity of Digital Assets (especially the lack of the trusted third party) diminishes protection of Digital Assets users, it incentivizes criminal activity. Consequently, Digital Assets are vastly abused for different criminal purposes, including development of services dedicated to criminal activity, such as Dark Web Marketplaces or Digital Assets Mixer. Further, Digital Assets are used for payments on minimal scale, and the retail use if practically nonexistent. Currently, Digital Assets' legal integration is slow and fractional;...
|
|
|
Regulatory Sandbox in Financial Services
Stupková, Michala ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Regulatory Sandbox in Financial Services This thesis examines the issue of regulatory sandboxes in financial services. A regulatory sandbox is a legal framework under which innovative technologies, products or services can be tested in a real environment and on real customers. Sandboxes are emerging in areas that are heavily regulated, while in financial services they serve to make it easier for innovative companies to navigate regulation and enter the market. This work then focuses on regulatory sandboxes in financial services in the European Union, which are currently established in 11 Member States. The main objective of this thesis is firstly to introduce this relatively widespread but not well-known concept and secondly to analyse its use in financial services. Although the establishment of a regulatory sandbox in the Czech Republic has been debated, it is a rather unknown and unexplored concept in the Czech academic environment, but one which deserves appropriate attention. Especially if it were to be established in the Czech Republic. The first chapter is dedicated to the regulatory sandbox itself, its functioning and the various benefits and risks associated with its operation. It then introduces some of the sandboxes in areas other than financial services. The second chapter discusses in...
|
|
|
The role of depositary in the capital market
Fajmonová, Lenka ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
1 The role of depositary in the capital market Abstract This thesis analyses current legislation regarding depositaries from the viewpoint of czech and european law. Taken into account are opinions from literature, commentaries of law, Czech central bank or Capital market Association of Czech republic. Legislation and opinions presented are evaluated, commented on and in some places an adjustment is suggested. In this thesis there is mainly used the linguistic, systhematic and historicaly-theological method. The first chapter deals with historical background of investment funds and depositaries and also with the influence the coupon privatisation had on today's capital market. Subsequent chapter is focused on investment funds, their types and related legislation and presents statistical data related to investment funds and depositaries. There is also a section dedicated to comparison of investment funds and depositaries in other european states. Third part of the thesis is dedicated to theoretical basis of depositary with the addition of practical examples of its duties and circumstances which can affect the way its duties are performed. Main emphasis is put on valuation of movable and immovable property and not only property commonly found in fund's portfolio, but even some specialized examples like...
|
|
|
Comparison of shareholder taxation from the sale of a share and of a business enterprise in a limited liability company
Páleníček, Adam ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
99 Comparison of shareholder taxation from the sale of a share and of a business enterprise in a limited liability company Abstract This diploma thesis analyses and compares alternatives for the sale of a stake in a limited liability company and the sale of a business enterprise with or without the distribution of the proceeds from that sale, in particular pertaining to the taxation of the owner of a stake in a limited liability company. The thesis is divided into an introduction, four main chapters, and a final chapter. The first chapter defines the key terms of a limited liability company, share and business enterprise, as well as issues related to the sale of a share and a business enterprise. Both institutes are distinguished. Furthermore, the key terms of tax law are defined, especially the definition of the construction elements of tax, which form the basis for analysis in the second and third chapters. Finally, the issue of tax optimisation and its differentiation from tax evasion in relation to the shareholder is defined. The second and third chapters separately focus on the analysis of alternatives. The second chapter analyses the first alternative of selling a stake. The third chapter analyses the second alternative of selling a business enterprise together with the possible distribution of the...
|
guest ::
