|
|
The application of MiFID Directive to the activities of universal bank
Krčová, Kateřina ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
53 Abstract Application of MiFID directive on activities in universal bank MiFID or Markets on financial instruments Directive, is extensive and key European financial market regulation. Introduced into the laws of all the Member States many new applications and employed a large number of companies. The content of this work is to first clarify the concept of a universal bank, the bank and the reason why the Directive applies to them. Furthermore, analysis of specific activities and procedures, which are due to the introduction of the Directive into law occurred mainly by retail investors, the current clients of universal bank. Most attention is devoted to investor protection, mainly test the appropriateness and suitability, performance instructions for the customer. The following chapter is devoted to issues of organizational changes, the new rules required. Part of the text is devoted to the transposition process in individual countries and especially in the Czech Republic. Another chapter is concerned with problems that frequently appear in the application and in the last chapter outlines recent developments, particularly in the new draft directive, revising MiFID after almost five years of operation, which is just being born on the soil of the European Union. The conclusion is the finding that changes in...
|
|
|
Protection of rights in life insurance
Tučková, Tereza ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Protection of rights in life insurance Abstract The subject of this rigorous thesis is the protection of rights in life insurance. The main reason for choosing this topic is the fact that completing my master's degree program in law, I have entered the private sphere as a corporate lawyer of an international insurance company and in this position I am active, althought with another international insurance company, still today. In my position, among other things, I represent the insurance company in private disputes with the insured persons, typically on the payment of insurance benefits (claims). I also represent the insurance company during the public hearing efore the Czech NAtional Bank and, last but not least, in my agenda is the representation of the insurance company in the proceedings with the clients efore the Financial Arbiter. During my practice, I met all the possibilities and apsects of protection of rights in life insurance and I realized chat all the clients of an insurance company have to knowabout thein position in such a procedure and that there is an imbalance in information between the contractual parties and which information each contracting party possesses. I have divided my thesis into six main chapters. In the first chapter I describe the institute of insurance and insurance policy,...
|
|
|
Financial market and its legal aspects
Špaček, Tomáš ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
The master's thesis on the topic of financial market and its legal aspects aims to analyse the weaknesses in the legal regulation of markets in financial instruments. The thesis is divided into six chapters, introduction and conclusion. The chapters are divided into subchapters. The first chapter defines the financial market and deals with its divisions. Since the legal aspects of financial market are a traditional subject of the study of financial law, the basic concepts of this field are notoriously well known. The first chapter therefore describes only the basic division that is applied to the financial markets. It then goes on to compare existing definition of the financial markets that can be found in academic literature. The second chapter discusses the capital market participants. As certain concepts of financial market might suggest, many different persons might fall into the category of market participants. This chapter, however, discusses selected persons who provide their services on the market in financial instruments. It focuses mainly on investment firm because it provides investors with access to the capital market. The third chapter discusses financial instruments. The fourth chapter concerns investment services that can be provided in relation to financial instruments. The fifth chapter...
|
|
|
The Legal Regulation of Banking Activities
Martinů, Katrin ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
The Legal Regulation of Banking Activities Abstract The subject of this diploma thesis is the legal regulation of the activities of banks. Emphasis is placed on newly regulated areas and topical areas in respect to legislative changes. The primary aim of the thesis is to analyse areas related to the activities of banks and to assess the suitability and sufficiency or redundancy of the legal regulation of the selected areas in terms of the scope and depth of regulation. In this context, the work is complemented by proposals de lege ferenda. The first section is devoted to the subjects of banking regulation. Within this part, the term "bank" is defined, including the assessment of online banks. After that, supervisors, namely the Czech National Bank and the European Banking Authority, are presented together with an outline of their functions. The following section covers the general basis of the regulation of bank activities. The sources of regulation are described, and the objectives and reasons for and against regulation are outlined. A description of processes for entering and exiting the banking sector are included, with a more detailed analysis of procedures for obtaining a banking license. The third section contains an analysis of the selected obligations of banks arising from the legislation regulating...
|
|
|
International double taxation
Řezníčková, Markéta ; Kotáb, Petr (advisor) ; Sejkora, Tomáš (referee)
This diploma thesis deals with some questions of the international double taxation, particularly with the basic terminology and principles of the international taxation, bilateral double taxation treaties and new tools of legal regulation of the international double taxation such as BEPS, MLI, a package of European directions called Anti-BEPS and its implementation into the Czech law. The aim of this thesis is to identify, describe and analyse sectional questions in respect to long-term and current evolution. In the introduction I briefly introduce the topic. Afterwards the thesis is divided into four chapters that are linked to each other. The first chapter presents to the reader basic terminology and explains basic principles of this field independently and in relation to current legal regulation. Further I describe the types of double taxation and other institutes related to the international double taxation such as international double non-taxation. The second chapter deals with means of elimination of the international double taxation. Two basic methods are described and some of them are represented by basic examples. There are also described means of elimination of the international double taxation that can only be used in tax treaties (not in the national law). The last subchapter describes...
|
|
|
Subordinated bonds as a Tier 2 capital instrument
Fiala, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Subordinated bonds as a Tier 2 capital instrument Abstract This rigorous thesis the topic of which is "Subordinated bonds as a Tier 2 capital instrument" elaborates on bank regulation and possible ways of how to comply with it. Specifically, whether it is possible (and how) to meet Tier 2 capital requirement as one of the requirements of capital adequacy. Following the introduction to this rigorous thesis and setting forth the scientific methods of work the author follows a development of capital adequacy as one of the core requirements of the current bank regulation. This historical development has been put into conjunction with the leading feature of this development - whether it was a globalisation of banking services or specificities of 2008 financial crisis. The Tier 2 capital requirement is explained on this background. This topic is completed with the purely economic chapter that elaborates and explains reasons of financial regulation and goals that the financial regulation tends to accomplish. To be specific, it concerns the theoretical model of perfect competition and particular market failures. The understanding of market failures is a key to the well-drafted financial regulation. While banks tend to complain about the amount of regulation they need to comply with on a daily basis, the goal of...
|
|
|
The Cryptocurrencies in Practice of Law
Kundrátová, Petra ; Kotáb, Petr (advisor) ; Boháč, Radim (referee)
This diploma thesis deals with the cryptocurrencies in practice of law. The aim of the thesis is to analyse the initial coin offering and the basic tax aspects of the cryptocurrencies, both with respect to the Czech law, and to provide a comparative overview of the cryptocurrency legal regulation in different states of the world. The actual text of the thesis is divided into four parts. These parts are preceded by a general introduction outlining the overall concept of the thesis, its purpose and the reasons why the topic was chosen. The fourth part is followed by a conclusion summarizing the main findings that were made. The first part of the thesis deals with an explanation of the term cryptocurrency and its comparison with the terms virtual and digital currency. It also discusses whether cryptocurrencies can be considered as money or as currencies and what each of these two categories means. The second part is focused on the initial coin offer in the Czech law. There is a brief description of its course followed by an examination of the applicable rules of both public and private law. Particular attention is paid to the rules concerning the initial public offering, payment transactions, collective investment, enterprise and anti-money laundering. The third part of the thesis dissects basic tax aspects of...
|
|
|
Imposition of taxes by subordinate legislation
Smilek, Jan ; Boháč, Radim (advisor) ; Kotáb, Petr (referee)
Imposition of taxes by subordinate legislation Abstract This diploma thesis is focused on assessing to what extent the Czech tax law (and fee law) is in compliance with the constitutional limit contained in Article 11, Section 5, of the Charter of Fundamental Rights and Freedoms, according to which taxes and fees may be imposed only on the basis of a statute. It was, therefore, studied whether, and if so in what way, the taxes and fees are imposed by subordinate legislation. For these purposes, it was necessary to define the criteria by which the constitutionality of particular subordinate legislation could be assessed. The 'on the basis of a statute' expression must be interpreted in such a way that the existence of subordinate legislation is not a priori excluded, however, a statute must contain basic structural elements of taxes (or fees). As a corrective, I have added the aspect of legitimacy to the evaluation in this thesis in order to eliminate the strictly formal application of the first criterion. The importance of Article 11, Section 5, of the Charter is that the imposition taxes by a statute guarantees citizens greater influence and greater control over the taxation. These guarantees should not be unreasonably weakened by creating a wide range of legal empowerment for the executive, where this...
|
|
|
Receipt lottery
Steffel, Martin ; Boháč, Radim (advisor) ; Kotáb, Petr (referee)
1 Receipt lottery Abstrakt The thesis deals with the receipt lottery, which the Ministry of Finance has introduced as a tool to make customers more motivated to accept receipts, thereby making tax collection more efficient. Even though the receipt lottery has been in place for only half a year to the date of writing this thesis, the thesis analyses and evaluates the above ideas of the Ministry of Finance. The diploma thesis examines the hypothesis whether the receipt lottery leads to better and more efficient tax collection. The thesis is divided into three parts. The first part deals with the Constitutional Court judgment related to the electronic records of sales. It focuses mainly on the reasoning of the judgment in the parts which influence the receipt lottery. The second part of the thesis is the most analytical. First, it examines whether the receipt lottery is a gambling game and on what principle it works. Next chapters in this part of the thesis describe a condition for participation in the receipt lottery. This part does not only compare the cost of the receipt lottery and the state's contribution, but it also compares the customers' participation in the receipt lottery itself and the benefits from participating. In order to determine the popularity of the receipt lottery, a survey is used, the...
|
|
|
The Law and Regulation of Payment Services
Šťastný, Jakub ; Kotáb, Petr (advisor) ; Boháč, Radim (referee)
The Law and Regulation of Payment Services Abstract The thesis deals with the subject of payment services, especially in the context of the Payment Services Directive 2, which recently came into force. The aim of the thesis is to evaluate which activities on the financial market are subject to regulation of payment services, to identify the persons authorised to provide payment services and to analyse certain rights and obligations arising between payment service users and payment service providers. The author also tries to analyse the changes brought by the Payment Services Directive 2 into the Czech law and considers the possible impact of such legislation on the payment services market and on the persons operating on it. The thesis is divided into five chapters, the first chapter deals with individual payment services; the second chapter defines activities that are out of the scope of payment services. The next chapter contains an overview of both Czech and EU law applicable to payment services, payment service providers and their activities. The fourth chapter is dedicated to the persons authorized to provide payment services and the fifth chapter describes the legal relationships arising when providing payment services, focusing mainly on the payment service contract, information duty of payment...
|
guest ::
