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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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Legal Status of the Financial Arbiter in Comparison with Selected Regulatory and Control Institutions in the Czech Republic and EU
Procházka, Martin ; Marková, Hana (advisor) ; Kohajda, Michael (referee)
Legal Status of the Financial Arbiter in Comparison with Selected Regulatory and Control Institutions in the Czech Republic and EU The topic of my thesis is legal status of the Financial arbiter in the Czech Republic. It represent a specific institution for out-of-court settlement of financial disputes between providers of some financial services and their clients. The Financial arbiter does not substitute the role of courts; instead it operates alongside the judicial system and offers to the clients of financial institutions swift and free of charge alternative to the legal proceedings, which emphasizes reconciliation. In the opening chapter of this thesis I looked into the theoretical concept of this institution and characterized it as an administrative authority sui generis. In order to obtain better understanding of the institutional status of the Financial arbiter, I further compared the Financial arbiter with similar institutions in the Czech Republic and the EU. I consider the separation from the Czech National Bank and the creation of the Financial arbiter bureau, which is a government department, as a major change in the legal status of the Financial arbiter. The arbitration proceeding represents an alternative to the legal proceedings. It can be initiated only by a client`s complaint, for...
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Methods of double taxation avoidance and using thereof in the Czech tax law
Turek, Petr ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
83 RESUMÉ Methods of double taxation avoidance and using thereof in the Czech tax law The Master Thesis deals with the methods of international double taxation avoidance as they are set out by the OECD (Organisation for Economic Co-operation and Development) and UN (United Nations) Model Conventions, as well as by the international bilateral treaties concluded by the Czech Republic based on these model conventions. The definition of the basic terms used by the Czech tax law is first set out by the Thesis. Then later the Thesis focuses on the two fundamental model conventions being the OECD model and the UN model, on the "model" treaty concluded by the United States of America, and on the double taxation avoidance international treaties in general - their role, reasons and possible use. The European law regarding the international double taxation shall also be mentioned, i.e. directives of the European Union, decisions of the Court of Justice of the European Union, or eventually the other initiatives brought up at the European Union bases. The fundamental part of the Thesis regards the methods of the double taxation avoidance: the exemption method and the credit method, including their types. Each of the mentioned methods (full exemption, exemption with progression, full credit and ordinary credit) is...
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Legal issues of payment services regulations
Heringová, Eva ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
This work focuses on examination of legal issues of payment services including the regulation and supervision of this area, i.e. inspections and enforcement of regulation set by the state and authorized public institutions. The whole thesis is divided into five chapters, which are then partitioned into individual chapters. The first chapter is called general introduction to the topic and deals with the basic definition of payment service, its development, forms, payment instruments and participants. The second chapter focuses on the importance of regulations relating to the payment services and related regulation of international payments, including the relevant international conventions in this field. The third chapter analyzes the legislation in payment service's area in the Czech Republic from the viewpoint od de lege lata and de lege ferenda. The fourth chapter deals with supervision over payment services, i.e. possible methods and models of financial law supervision and analysis of specific supervisory authorities in payment service's area. The fifth and final chapter describes the supervision over the banking sector.
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Collecting fees for the removal and other disposal of communal waste
Řeháček, Martin ; Vondráčková, Pavlína (advisor) ; Kohajda, Michael (referee)
The aim of the thesis is to describe effective legislation that regulates collecting fees for removal and other disposal of municipal waste organised by municipalities. There are used also various socioeconomic approaches and the thesis seeks for the best solution how to collect the fees for the service. The study is mainly focused on Municipal Fees Act and its regulations because they cause most of problems in practice. Author's opinion is that such a regulation is completely wrong. According to the author of the thesis, there were found features of The Tragedy of the Commons theory in the regulations which means in practice that the whole system is going to either collapse or cost even more money to be kept. The next negative of the legislation is the possibility to circumvent paying the fees. Then, it was proved in the study that the main principle which is the legislation built on, does not work in practice. The principle is that costs paid for the removal and other disposal of municipal waste are supposed to be equivalent to a number of inhabitants living in a town. Because of an absolute personal principle, it was also described in the thesis that minors become debtors when they turn 18 because of their irresponsible parents who do not pay the fees for them. It was recognized in the thesis...
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