|
|
Rights and obligations of the liquidator
Pašková, Katarína ; Josková, Lucie (advisor) ; Patěk, Daniel (referee)
The topic of this thesis are rights and obligations of a liquidator. Specifically, there are compared rights and obligations of the liquidator appointed by the court and the liquidator appointed by the company. The topic is restricted to a limited liability company. The first part of the thesis analyses the conditions under which the liquidator is appointed by the company and the court. The main part of the thesis compares rights and obligations that these liquidators do not have in common, but also the rights and obligations that they share, but which differ significantly in their content and meaning. Firstly, the liquidator's right to resign is discussed. Subsequently, it is analysed how the liquidator identifies the company's assets, in particular the contact with the creditors and the right to request co-operation. A significant part of the thesis is devoted to the procedure of the liquidator in the event of bankruptcy of the company in a situation in which it is not possible to pay an advance on the costs of the insolvency proceedings. Furthermore, the liquidator's right to remuneration and the obligation to submit a final report on the liquidation process are discussed. In the conclusion, the main findings of the thesis are summarized.
|
|
|
Bodies of limited companies in liquidation
Havelková, Lenka ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
Bodies of limited companies in liquidation Abstract This diploma thesis shows the position of the liquidator and the relation with other bodies of the stock corporation in process of liquidation of the stock corporation (further referred as "company"). There is an ambiguous interpretation of current legal regulations about the liquidation of legal entities, liquidator itself and particularly terms of reference of company authorities in liquidation. There are also a lot of arguably legal question about this relation that is answered in this thesis. The purpose of this thesis is not a just definition of liquidator or valuation of problematic areas according to liquidator's position. The thesis is also targeted on the activity of liquidator inside and outside the company related to solving reciprocal relation between liquidator and authorities of the company. The thesis is using critical analysis method of existing law regulations and contemporary legislation, judgments, articles to solve controversial questions which have not been removed during recodification of civil law which united civil and commercial adaptation of liquidation of the company. During this recodification was also changed the mode of acquisition of competence of statutory authority by the liquidator of the company. The diploma thesis...
|
|
| |
|
|
Využití metod řízení rizik v praxi - likvidátora pojistných události
Štěrbová, Zuzana
Subject of this bachelor thesis is to describ the use of analysis methods of risk management activity loss adjustor practice. Methods are selected by their importance to the risk reduction which are related with loss adjustor activities. Theoretical part of the thesis is dealing with explanation of basic terms which relate to the problematics of risks control. Next part is classification of hazards by specific aspects and description of each phase of risks control. The following is a list of risk analysis methods and their description. In conclusion this part is explanation of terminology related to loss adjustor activity and description of the phases in the insurance event liquidation. In introduction of practical part are defined risks which may occur in the loss adjustor activities are listed. Concretely risks are related to cars liquidation. Furthermore, suitably chosen methods of risk management analysis are used on the model case. In conclusion of practical part the two selected methods are compared.
|
|
|
Cancellation of a limited liability company with liquidation
Hradecká, Michaela ; Šindelář, Michal (advisor) ; Müllerová, Libuše (referee)
The subject of the bachelor thesis is the processing of the situation where the limited liability company is cancelled and its liquidation process is taking place. The thesis deals with the process of legal, accounting and tax liquidation. The beginning of the theoretical part explains the individual concepts related to liquidation, furthermore the differences between voluntary and involuntary abolition of the company. In the next parts, the thesis deals with individual steps in different aspects in chronological order. In the practical part, the fictitious company is voluntarily liquidated on the basis of the shareholders' decisions, and this liquidation is in practice carried out mainly from the accounting point of view.
|
|
|
Rights and duties of a liquidator
Mráz, Vojtěch ; Josková, Lucie (advisor) ; Liška, Petr (referee)
The main objective of this thesis is to describe the issues of liquidation and the liquidator and to find possible solutions of the potential ambiguities of law interpretation. Author presents answers to set research questions about rights and duties of a liquidator and related institutes. The ambition of the work is not to create an exhaustive list of rights and duties of a liquidator but rather bring own inventiveness of the author on this issue. The work is partially focused on regulation of liquidation of capital companies. Author works with the relevant laws, commentaries and law cases relating to the topic. The thesis is divided into three parts that are devoted to individual examined institutes. The author brings different point of views on the topics through the opinions of relevant experts. The first chapter, entitled "Liquidation and a liquidator" describes the liquidator, the liquidation and its goal and purpose. It points out to the fact that the liquidator has remained as body of legal entity. In this context, the author relates a large number of rights, especially duties of a liquidator. Significant part of the thesis is devoted to the question of the possibility of filing a request for erasure of a legal person from the relevant register. The second chapter is devoted to the way of...
|
|
|
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 business corporations. 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 1st January 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. Its goal is not to become a guide for the whole procedure of the liquidation process of business corporation. The thesis is written chronologicaly according to the procedure of liquidation mostly in its content and structure. Main goal of this thesis is to higlight the main problems and difficulties, that the persosn participating in the process of liquiadtion can face. 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 two years after the new legislation became effective) the courts couldn't react in greater range on this crucial legislation change. With this issue also comes a question if the old judiciary can be used for the new legislation. In this thesis...
|
|
| |
|
|
Liquidation of limited liability company in the light of recodification of private law
Stehlík, Ondřej ; Zahradníčková, Marie (referee) ; Horáček, Vít (referee)
. The topic of this work is a liquidation of a limited liability company as by law described process of non-judicial settlement of property relations of company managed by a liquidator. At the end of this process of liquidation a limited liability company cease to exist as legal entity and a remaining assets of that company is usually redistributed between associates of company. This work tries to analyse current legal rules dealing with a dissolution and liquidation of limited liability company, compare them with previous legal rules contained in abolished commercial code and tries to critically describe them in all possible ways, how to solve potential problems that may occur during this process. The whole work is complemented with related judicature with effort to assess its future usability in connection with recodification of private law. In places where I have identified the need to make changes or I considered the current regulation inadequate, inaccurate or admitting multiple interpretation I also proposed my own law adjustments de lege ferenda. Author tries to use modern academic methods in order to create a work, which may contribute to development of Czech legal environment. To achieve this goal I have tried to apply arguments of formal logic and other types of legal argumentation....
|
|
|
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...
|
guest ::
