|
|
The course of a general meeting of a joint-stock company
Sladký, Filip ; Patěk, Daniel (advisor) ; Štenglová, Ivanka (referee)
Anglický název práce/ Abstract The course of a general meeting of a joint-stock company The main goal of the following diploma thesis is to comprehensively analyse the topic in question after the recent recodification of the Czech private law. The author aims to evaluate the current legal state of the course of a general meeting of a joint-stock company by studying multiple relevant sources, outlining the most important legal aspects and reviewing some of the frequently academically discussed issues and topics. Primarily the author aims to accomplish that by thoroughly studying and examining the newest legal doctrine and some of the most important existing judicial decisions. Systematically the thesis consists of four main chapters. The first chapter contains the general introduction of the matter and a legal definition of a joint-stock company while mainly focusing on its structure and bodies. The second chapter is divided into two parts and generally focuses on the matter of participation and the legal representation on a general meeting. The first part of the chapter highlights the legal reasons of why and by whom the general meeting of a joint-stock company can be convened. The author defines and discusses all its possible participants in the following part of the chapter. The third chapter is devoted...
|
|
|
Competencies of General Meeting of limited liability company
Snížek, Martin ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
Competencies of General Meeting of limited liability company The purpose of my thesis is to analyse competencies of a general meeting of a limited liability company, show different theoretical opinions and present my own ideas. I have chosen this topic because the limited liability company is the most common type of business entity in the Czech Republic and so I find this topic useful. The thesis is composed of Introduction, four chapters and Conclusion. Introduction defines aims and methods of this thesis. First general chapter is followed by three chapters, each of which dealing with different aspects of general meeting's competence. Chapter One is introductory and defines basic terminology used in the thesis. This chapter is subdivided into five parts. Part One describes the limited liability company and explains basic characteristics of this type of business entity set out by the Czech Commercial Code, No. 513/1991 Coll., as amended (hereinafter referred to as the ,,Commercial Code ). Part Two deals with the general meeting and it's position within the company. Part Three is concerned with powers of the general meeting and explains this term in general. Part Four is about members' decision making outside of the general meeting and Part five deals with some differences of decision making of a...
|
|
|
Invalidity of a resolution of the General Meeting
Maslík, Vladimír ; Patěk, Daniel (advisor) ; Štenglová, Ivanka (referee)
72 Invalidity of a resolution of the General Meeting Summary This thesis focuses on the issue of invalidity of a resolution of the General Meeting in terms of the current legislation contained in the Commercial Code (Act No. 513/1991 Coll.). Extensive space is devoted to its application in decision-making practice of the courts, especially the Supreme Court of the Czech Republic. The work is divided into 11 basic chapters. Chapter One and Two are devoted to a general description of the General Meeting as the supreme authority of the capital commercial companies and analyze the manner of decision-making. Significant space is devoted to the legal nature of the resolutions of the General Meeting, where the work confronts the various currents of opinion among professionals themselves and with the decisions of the Supreme Court of the Czech Republic. Chapter Three contains the reasons for invalidity of a resolution described with a more detailed analysis of defects, in the presence of which can be the validity of the resolution called into question. Chapter Four is devoted to nullity, as the specific case of the invalidity of the resolutions of the General Meeting, which has resulted in a breakthrough to the limits laid down in § 131, respectively § 183 of the Commercial Code. Chapter Five deals with conditions,...
|
|
|
Influence of a company member on the management of a limited company
Lepka, Jaroslav ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
78 Influence of a company member on the management of a limited company Summary The thesis focuses on the issue of a limited company member's legal position, particularly the matter of his influence on management of a limited company. The particular member's rights relating to the management of a limited company are discussed in the thesis. Chapter One and Two provide general information on essential terms according to the subject such as different categories of companies focusing on the limited company and differences between limited and personal company and the legal position of limited company member in relation to his share. The essence of the thesis is represented by the Chapter Three dealing with particular member's rights exercising in General Meeting and in relation to the other company bodies, especially the authorized representative. The description of such a specific rights is based on disputing questions, confrontation of different opinions and the case law. Chapter Four deals with the specific problems arising out of the situation the limited company is a company with a sole member who acts within the scope of General Meeting. Chapter Five provides general overview of corporate groups with focus on the relations between controlling and controlled company and definition of controlling company....
|
|
|
Competencies of the General Meeting of a limited liability company
Černý, Jiří ; Štenglová, Ivanka (advisor) ; Oehm, Jaroslav (referee)
This thesis deals with competencies of the General Meeting of a limited liability company in the Czech legal order. At the first place its aim is to define the term competencies of the General Meeting. The next main task is an in-depth analysis of each issue that falls within the competencies. The attention is concentrated predominately on how decisions about the issues concern the General Meeting as the highest body of the limited liability company, i.e. which requirements, procedures and limitations have to be complied with according to the law. The intent is to point out all the areas within the subject matter of this thesis that are ambiguous or the areas without any consistent view on them for any reason including providing with my own commentary or opinion of a possible solution. The essential part of the thesis is an analysis of a current practice of higher courts of the Czech Republic related to the subject matter of the thesis. The purpose of the first chapter is to introduce briefly the issue of the competencies of the General meeting to the reader. Its content is focused mostly on determination of a position of the General Meeting within the limited liability company comparing to the other bodies of the company. The second chapter is concentrated on defining the term competence, the...
|
|
| |
|
|
Rights of Shareholders in the Joint-stock Company
Čížková, Jana ; Kříž, Radim (advisor) ; Hásová, Jiřina (referee)
Bachelor thesis deals with the rights of shareholders in the joint-stock company in the current and future legislation, effective from 1. 1. 2014. The rights are divided into 4 groups. The first group of the rights focuses on the rights connected with the shareholders position in the company and with demands for information, which are in connection with participating in the management of the company. Other sections deal with rights that are closely related to the participation in the general meeting and entitled to a share on liquidation and profit. The work also deals with the rights of minority shareholders, who have in the company a specific position and rights. The paper uses the business and a new civil code and the law on trade corporations.
|
|
|
The comparison of the main characteristics and the process of establishment of Private Limited Company in the Czech Republic and in Germany
Novotná, Eliška ; Kříž, Radim (advisor) ; Hásová, Jiřina (referee)
This master dissertation is dedicated to the main characteristics and to the process of establishment of Private Limited Company in the Czech Republic and Germany and to the comparison of these two national legal forms. The goal of this work is to compare Czech and German Ltd. in a very clear way, so the reader can understand what the differences of this type of company in the national legal forms mentioned above are and what have on the contrary in common. The work deals also with the Czech and German Ltd. in separated chapters in order to be the comparison for the reader comprehensible. In the end of the master dissertation is expressed the author's opinion, which national legal form of this type of company is better and in what way.
|
|
|
Limited Liability Company
ŠUSOVÁ, Veronika
The Bachelor Work is aimed at the limited liability company, focused on founding of this legal form. The goal of this work is to describe the legal regulations of this capital-type company in the Czech Republic. Next goal of this work is to compare limited liability company with the single-person corporations. In the practical part, there you can find analysis of popularity of different types of companies in the South Bohemia Region.
|
|
|
Bodies of corporations
Lukašík, Jan ; Češková, Marie (advisor) ; Koucká, Jiřina (referee)
The main aim of this thesis is to provide a brief but comprehensive overview of the structure, purport and function of the bodies of corporations as well as of the relations between them in the legal system of the Czech Republic. The bodies concerned are those of a public company, special limited partnership, limited liability company, and joint stock company. Bodies of specific transnational corporations are mentioned as well, bodies of cooperatives (both national and European) are left out. Practice of the Supreme Court of the Czech Republic is mentioned too. However, regarding it's extent, this thesis does not purport to be an all inclusive material dealing with all the individual aspects of the multidimensional phenomenon of the bodies of corporations.
|
guest ::
