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Legal regulations of liquidation of a business corporation
Lehocký, Martin ; Zahradníčková, Marie (advisor) ; Štenglová, Ivanka (referee)
The goal of this master's thesis is, as the title suggests, to map out the legal regulations of liquidation process of companies. There are of course loads of similar thesis and monographies on the similiar topic, but after the recodification of the civil law that became effective from the 1. 1. 2014 the need for description of this topic is coming back again. This master's thesis desribes the legislation after the mentioned recodification of the civil law and its another goal is to compare the legislation after recodification with legislation that was effective before 2014 to highlight the changes brought in action by the mentioned recodifiaction. With recodifiaction comes also the issue of judiciary, that is created by activity of courts, but the courts need longer time period to create the judiciary. In the time that this master's thesis was written (approximately 20 months after the new legislation became effective) the courts couldn't react in greater range on this crucial legislation change. With this issue comes also question if the judiciary that was effective with the legislation until the end of 2013 can be used even after the recodification. In this master's thesis is this issue considered and there are decision of courts that can be still used after the recodification. The goal of this...
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Protection of creditors in the process of liquidation of a company
Moc, Jakub ; Josková, Lucie (advisor) ; Čech, Petr (referee)
in English The thesis deals with the protection of creditors during the liquidation of a company, under the new legislation, effective since 1st January 2014. Although the previous legislation was considered accurate and to a large extent has been adopted in the current regulation, there are some differences to the benefit and detriment of creditor protection, which I highlight in each chapter. The aim of my thesis is to analyze the most important elements of protecting creditors in the liquidation process and after its completion, gradually from the general, to those that provide protection to the creditors of the specific claims, such protection evaluate and highlight possible problems that can endanger the satisfaction of creditor or make it completely impossible. Outside the introduction and conclusion, this thesis consists of three logically consecutive chapters, viewed from the perspective of the protection of creditors. The initial chapter has essentially definitional character needed to determine the scope of my work and therefore is as brief as possible. The first chapter deals with the term creditor, as a concept, defining the group of persons, on whose protection I am focused in my thesis and with the concept of liquidation process as a term for the cancellation of a company without...
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Legal regulations of liquidation of a company
Sadílek, Jan ; Zahradníčková, Marie (advisor) ; Josková, Lucie (referee)
Diploma thesis: Legal regulations of liquidation of a company Diploma candidate: Ing. Jan Sadílek Supervisor: JUDr. Marie Zahradníčková, CSc. Date: 22. 3. 2015 Abstrakt This thesis deals with the legal regulation of liquidation of a company in the context of the new legislation, which is effective from 1st January 2014. The previous legal regulation of liquidation was considered successful and was largely taken. The aim of this thesis is to describe the process of liquidation in the new legislation, subsequently find differences in both regulations and explain them, and finally remove interpretative ambiguities. The thesis consists, besides introduction and conclusion, of the five chapters. The first chapter deals with the legislation of liquidation, especially its development, which culminated in the adoption of the new Civil Code no. 89/2012 Coll. and the Business Corporations Act no. 90/2012 Coll. Dissolution of a company is a prerequisite of liquidation, except cases of court declaration of its invalidity. Hence the next chapter discusses ways of dissolution of a company, which include legal proceedings, public authority's decision, expiration term, and purpose achievement. The third chapter deals with the very purpose and process of the liquidation, as well as with monetization followed by separation...
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Liquidation of the limited liability company from the decision of the court
Vozár, Jan ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Liquidation of the limited liability company from the decision of the court The theme which I have chosen for my thesis is the process surrounding a decision of the court to dissolve a private limited company by liquidation. I have chosen to focus only on private limited companies as I believe it is the most used entity for the purpose of incorporation in the Czech Republic. The purpose of my thesis is to analyse an area which is missing the attention of the public despite the fact that every year hundreds of companies by the Municipal Court in Prague are being dissolved in this way. The reason for my research is based on the current situation in the field of "judicial liquidations" where changes in the insolvency law and the undeveloped conception of the commercial register are contributing to an increasing number of so called "death companies". The thesis is composed of three main parts, each of them dealing with different aspects of the liquidation process. The first part is the introduction and defines the main issues in this field. I have provided a description of the phenomenon regarding the judicial liquidation system, setting it within the context of the continuing economic and financial crisis. I have given details of the causes which lead up to the liquidation of a company; these will...
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Liquidation of a company having insufficient assets
Steinbachová, Eva ; Josková, Lucie (advisor) ; Pelikán, Robert (referee)
Liquidation of a company having insufficient assets Abstract The diploma thesis primarily deals with situations in which a liquidated company with insufficient assets may find itself. It deals, among other subjects, with cases where the liquidator finds out during the liquidation process that the liquidated company is in bankruptcy or when any undistributed assets of the liquidated company appear after the end of the insolvency proceedings. The aim of the thesis was mainly to describe and critically analyze the legal regulation of the above-mentioned situations, focusing on the interconnectedness and the most significant differences between the process of liquidation and insolvency proceedings. The thesis also deals in more detail with the figures of liquidator and insolvency trustee, their rights and obligations and mutual cooperation within both proceedings or the simplified liquidation of a company with insufficient assets to cover the costs of insolvency proceedings. The author of the thesis tried to achieve the set intention mainly by a detailed analysis of legal regulations, academic writing and relevant case law. At the same time, the thesis deals with controversial and unclear provisions of effective legal regulation concerning the subject matter. The diploma thesis is divided into five structured...
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Účetní a daňové souvislosti zrušení obchodní korporace s likvidací a zániku účasti společníka ve společnosti
Mašová, Sabina
The diploma thesis is focused on the accounting and tax connection of the cancellation of the business corporation with liquidation and the termination of the shareholder's participation in the company. The theoretical part of the thesis is focused on the definition of legal, accounting and tax issues. In the context of liquidation of companies, accounting and tax obligations are described gradually in the course of this process. In the following section, the process of liquidation in practice is illustrated in the model example. Subsequently, through financial anal-ysis, it is verified whether it is possible to predict the cancellation of a business based on the development of its financial results.
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Manažer - ekonom v pozici insolvenčního správce a likvidátora
Klapalová, Edita
This diploma thesis deals with the issue of insolvency proceedings and liquidation in the Czech Republic, namely from the point of view of the insolvency administra-tor and the liquidator, ie persons in the exercise of these functions. He concentra-tes on the performance of these professions in practice and on the problems they face in their job. This work informs the reader who, and under what conditions, the functions of the insolvency trustee and the liquidator can be performed, as well as the activities in these positions. The work emphasizes that the person of the insolvency administrator and the liquidator is often confused, but each functi-on has to ensure different actions. In 2017, a major revision of the Insolvency Law was passed in insolvency proceedings and the reader ascertains what differ-ences in its performance the insolvency trustee must perform.
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Proces likvidace škod na motorových vozidlech
Gažo, Michal
The subject of bachelor’s thesis is the process of loss adjusting at motor vehicles. The main aim of this thesis is to describe the process of liquidation of insured event as a part of insurance of motor vehicles. First part of the thesis defines specifications of the loss adjusting process on the view of loss adjuster and mobile technician themself. The practical part is focused on examples of damages with use of modern technologies. The final part is concentrated no proposal of process improvement in area of loss adjusting on motor vehicles with orientation to future developement in this line of insurance.
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Protection of company's creditors during liquidation
Christelbauer, Jan ; Josková, Lucie (advisor) ; Pelikán, Robert (referee)
1 Protection of company's creditors during liquidation Abstract This diploma thesis deals with the protection of creditors, which the legal legislation provides them during liquidation. This issue remains important even after the recodification of private law, because new legislation has not removed all weaknesses in the protection of creditors. The thesis is divided into five chapters. Objective of these chapters is to cover most of the instruments that protect creditors throughout the liquidation process and after its ending. The first chapter is dedicated to the liquidator, who is the key person of the liquidation process. This chapter also involves a list of his rights and duties. That provides an overview of the protection of creditors during liquidation and the next parts of diploma thesis describe these rights and duties in detail. The second chapter delves into the instruments of protection which are associated with the beginning of liquidation. The third chapter deals with a protection of creditors during the whole process. In particular it deals with payment of the company's debts and includes the analysis of specific groups of creditors. Afterwards, effects of entry into the liquidations are described. The last part of the third chapter reflects documents which need to be drafted at the end of...
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Strategic Management of Firm Bankruptcy
Oslizlo, Petr ; Foerser, Pavel (referee) ; Kopřiva, Jan (advisor)
Disrespect of economic laws and their relations or the violation of any law standards concerning company’s activities can result in its shutting down and following cessation. The cessation of the company is preceded by its dissolution with or without liquidation provided that its property is passed to a legal successor in title. The term liquidation refers to the settlement of debts and property of the dissolved subject. This diploma thesis is particularly focused on individual stages of liquidating process of business organizations and their relation on legal standards.
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