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Comparison of legal instruments used in the fight against legalization of proceeds of crime in the Czech Republic and the Federal Republic of Germany
Šváchová, Lucie ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The subject of my thesis is the identification and subsequent comparison of legal instruments which are intended to fight against legalization of proceeds of crime, which is also referred to as money laundering, in the Czech Republic and in the Federal Republic of Germany. The first chapter is to familiarize the reader with the issue of money laundering, therefore it provides the definition of the phenomenon of money laundering and also describes the typical phases of this process. The second chapter is devoted to international institutions that deal with money laundering on the supranational level and whose activities are then reflected in international standards. The third chapter deals with legislation related to the fight against legalization of proceeds of crime in the Czech Republic. First I focus on the history of the development of the struggle against money laundering in the country and subsequently describe particular laws designed to regulate the rights and obligations relating to the effective fight against this phenomenon. Further I describe particular obligations that fall on subjects, which may be confronted with efforts to launder money within its activities, and characterize individual institutions that are involved in the fight against money laundering. The fourth chapter is...
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Dispute resolution by a financial arbitrator
Jankových, Kristýna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this diploma thesis was to identify and analyze the decision-making activities of the Financial Arbitrator as an out-of-court dispute resolution body for some of the consumer disputes in the area of financial services, both procedural and substantive points of view. The author discusses the importance and practical impacts of the decision-making activities of the Financial Arbitrator to the parties of the proceedings before the Financial Arbitrator taking into account recent legislative changes affecting this institution. At the same time, the author deals with some practical problems which the Financial Arbitrator faces by its decision making and discusses their solutions. Finally, the author examines and evaluates some of the decisions issued by the Financial Arbitrator in various areas of its competence. The actual text of this work is divided into five chapters, introduction and conclusion. In the first chapter the author briefly describes the origin and development of the institute of the Financial Arbitrator and its institutional framework as to emphasize the specifics of this institute, which is reflected in its decision-making and offers a view of foreign approaches in the creation of disputes dealing with an out-of-court resolution of disputes from financial services. In the...
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Distribution of financial instruments
Hobza, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English language Distribution of financial instruments This thesis deals with the issue of distribution of financial instruments and its legal regulation. The aim of the thesis is to theoretically define, within the financial law systematically classify and analyze the issue of legal framework for the distribution of financial instruments. The secondary objective is to highlight the partial incoherence of legislation regulating the various forms of distribution and propose possible solutions. The first two chapters of this thesis are devoted to general theoretical issues related to the present topic, among others to the concepts of distribution in the financial market and financial instrument. The third chapter deals with investors as addressees of distribution and with the various categories of distributors and analyzes the extent of their qualification in the area of distribution of financial instruments. The chapter four analyzes the different legal forms of distribution of financial instruments with a focus on marketing of investment funds. Within particular chapters, author's views on the issue are given, including proposals de lege ferenda. Finally, the draft of legislative amendments in the area of distribution of financial instruments, representing participation in the investment fund is...
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Constraints on Islamic Banking Within European and Czech Legal Framework
Mádl, Hynek ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Title Constraints on Islamic Banking Within European and Czech Legal Framework Author Hynek Mádl Keywords Islamic banking, credit, Sharī'ah board, Murabaha, Musharakah Summary Islamic banking is a sector of financial market which was formed in the 1970s and since then, it has spread outside Muslim countries too. The difference between Islamic banking and conventional banking is in the fact that all activities of Islamic banks shall be consistent with the principles of Islamic law. The submitted thesis aims to find and analyse obstacles of implementing Islamic banking, resulting from its singularities, in the European and Czech legal framework. In the introduction, the author shortly describes theoretical principles of Islamic banking and ways in which contemporary practices of Islamic banks have deviated from these principles. The next part of the thesis lays out individual characteristics of Islamic banking. Using the examples of specific finance models (especially Murabaha and Musharaka financing), these features are assessed from the viewpoint of their compliance with legal regulation of banks and their activities. The process in which a bank provides financing to its clients by acquiring and disposing assets, which such financing applies to, is considered to be the most disputable element of Islamic...
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Legal regulation of consumer credit in selected jurisdictions
Teplý, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Legal regulation of consumer credit in selected jurisdictions - abstract This master thesis is a comparative study of consumer credit regulation. Consumer credit regulation is compared in three different countries: the Czech Republic, Russia and the United Kingdom of Great Britain and Northern Ireland. The distinctions between the Czech regulation on one hand, and Russian and British regulations on the other hand are analyzed and evaluated in terms of their reasonability. The conclusion summarizes the recommendations for optimization of the future consumer credit regulation. Keywords Consumer credit, annual percentage rate of charge, interest, consumer credit advertising, Russia, United Kingdom
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Types of investment funds from the point of view of positive law
Nemerád, Petr ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Types of investment funds from the point of view of positive law The purpose of my thesis is to present a comprehensive view on differences and possibilities of particular types of investment funds from the point of view of positive law. The main aim of the thesis is to contrast these differences and possibilities with other types. The first chapter deals with basic issues of investment funds. The aim of this chapter is to look at investment fund as an institution especially from a fundamental economic perspective and come through into its economic nature. Furthermore the chapter contain description of main benefits of mutual funds as compared with the individual investment, draws attention to the problem of conflicts of interest and contains the basic classification of investment funds. The aim of the second chapter is to describe in basic features development of legal framework of investment funds in Czech Republic in the light of Act on Investment Companies and Investment Funds from early beginnings to current. With regard to the scope of respective law, focuses the chapter mainly on applicability, structure, legal forms and on some chosen questions. Content of the third chapter is brief treatise about legal term of investment fund. Next chapters focus on organizational forms and other division...
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The financial market and its legal aspects
Kačiaková, Petra ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Diploma thesis Financial market and its legal aspects provides a general overview on financial market and in next chapters continues with collective investments via funds of collective investors as one of ways how a natural or legal person can participate in the financial market processes. In first two chapters the thesis provides a characteristics and more detailed description of the terms financial market and capital market. Second chapter then defines the division of capital market types of investment Instruments that are traded on the market and entities that are present in the financial market and are necessary for its functionality. The last sub-chapter of second chapter summarizes the general overview of the current situation and development of capital market in Czech Republic, together with providing Czech and European legislation that regulates the financial and capital market. Third chapter introduces the term collective investment together with investment companies and investment funds law, that serves as a main regulation for collective investments. In this chapter we can also find the advantages and disadvantages of investing via investment funds and main entities that operates in the financial market with connection to collective investments. Fourth chapter further defines investment...
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The role of banks in the fight against money laundering and financing of terrorism
Pultarová, Hana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Money laundering and terrorist financing are serious problems that may not only disrupt the stability and reputation of financial institutions, but also affect a wide range of individuals. Therefore, this kind of conduct can be punished as a crime, including the active involvement of banks in money laundering. However, the diploma thesis focuses mainly on preventive measures introduced by the provisions of administrative law. The role of a well-functioning banking system is essential for the effective suppression of money laundering and financing of terrorism. Banks are the most frequent reporters of suspicious transactions and the bank services are used by wide range of persons. The role of banks is mainly determined by their designation as obliged entities by the Act no. 253/2008 Coll., on certain measures against the legalization of proceeds of crime and terrorist financing. The obligations arising out of this act are put into context with the Czech Banking Act and with regulations governing payments and implementation of international sanctions, including directly applicable laws of the European Union. The importance of the bank services is also caused by the regulation of cash payments. In connection with the activities of banks, the thesis reflects selected changes that will be introduced by...
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Public and legal protection of a client of finacial services
Veselý, Milan ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Resumé Public and legal protection of a client of financial services This diploma thesis deals with public and legal protection of a client of financial services to which is in my opinion given relatively marginal attention in the Czech legal area. The introduction outlines meaning and role of legal protection of a client in market economy, which is one of the basic premises for the proper functioning of a democratic state represented by the rule of law. I have also defined the key terms of this paper which are "client", "consumer"¨and "financial service". After detailed analysis I have distinct a client of financial services for this work as a consumer in accordance with interpretation in the European and Czech legal framework. Second part is devoted to theoretical basics and principles of consumer protection. I have analyzed basic principles of this topic, i.e. the principle of protection of the weaker party and the principle of autonomy of the will and their respective relation. I have also elaborated in detail tools used for consumer protection. The third chapter is focused on institutions that are involved in the legal protection of a client of financial services and I have briefly defined their status, duties and powers. Next part consists of analysis of legislation which regulates client's protection...
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Management and administration of investment funds
Kędzior, Marek ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Management and administration of investment funds. The purpose of this thesis is to comprehensively present a legal regulation of management and administration of investment funds in the Czech Republic. The thesis is divided into five chapters. The first chapter deals with the material scope of Act on Investment Companies and Investment Funds. Purpose of this chapter is to determine, in relation to which activities apply the regulation of management and administration of investment funds pursuant to the Act on Investment Companies and Investment Funds. The second chapter is dedicated to the management of investment funds. The aim of this chapter is to define the management of investment funds, Management Company and the rules for the performance of its activities. The third chapter is dedicated to the administration of investment funds. The aim of the third chapter is to define the administration of investment funds, administrator and rules for the performance of its activities. The fourth chapter briefly discusses the depositary when the aim of this chapter is to define its position in relation to the management and administration of investment funds. The fifth and final chapter briefly deals with the Prime broker, when it also analysis the definition of its position in relation to the management...
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