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Specifics of bank insolvency proceedings
Berger, Petr ; Tomášek, Petr (advisor) ; Liška, Petr (referee)
Specifics of bank insolvency proceedings Abstract The diploma thesis deals with the specifics of bank bankruptcy with the aim of analytically evaluating the current legislation. The thesis is divided into four parts. The first part deals with the general legal regulation of the bank and other related institutes such as the banking license or the protection of the bank's business name. It also deals with banking supervision, which is exercised by the Czech National Bank and is extremely important during the bank insolvency proceedings. The next section discusses the specifics of bank bankruptcy proceedings. The part is divided into several chapters. Bank insolvency proceedings are specific from the filing of the insolvency petition, which is discussed in the first chapter. The second chapter deals with the only possible way to resolve a bank's insolvency, which is through bankruptcy. The bank insolvency administrator, which is the subject of the next chapter, is specific in terms of the expertise required by the legislation. The last chapter then mentions the specificities arising in the course of bank insolvency proceedings and is divided into 5 points. These points describe the special information obligation, claims arising from the accounts, priority satisfaction of certain claims, the special procedure...
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Bankruptcy, imminent bankruptcy and coverage gap
Škopek, Josef ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Bankruptcy, imminent bankruptcy and coverage gap Abstract In the presented diploma thesis, I deal with the main institutions of insolvency law, which are bankruptcy and imminent bankruptcy. There are two forms or reasons for bankruptcy, namely insolvency or over-indebtedness. I tried to explain the imminent bankruptcy on the basis of a brief legal provision with the help of the literature I used. In my thesis, I emphasize the legislator's efforts regarding the newly adopted legislation for the benefit of active and honest potential debtors. I mentioned the newly adopted norm of the preventive restructuring act. The above forms of bankruptcy can be detected by bankruptcy tests. In the case of insolvency, it is a liquidity test, and in the case of over-indebtedness, a balance sheet test. Insolvency and over-indebtedness have a common condition in the form of at least two known creditors of the debtor. In other aspects, it differs in persons, where over-indebtedness is determined only in the case of an entrepreneur. Another difference is the different inclusion of payable or non-payable liabilities when determining bankruptcy. In my thesis, I present ways of solving bankruptcy, which are either liquidation or rehabilitation. The first-mentioned way is represented by a bankruptcy declaration, and the...
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Preventive Restructuring as Protection against Bankruptcy
DERMEKOVÁ, Petra
The topic of this thesis is the issue of preventive restructuring as protection against bankruptcy. It is a new and topical topic that solves the unfavourable economic situation of businesses and entrepreneurs in a different way than the insolvency law stipulates. Preventive restructuring has become part of the Czech legislative environment in response to the requirements of the European Union. The newly adopted law gives entrepreneurs the opportunity to restructure their companies in a timely and effective manner and thus avoid resolving their debt situation through bankruptcy. The thesis is focused on assessing whether there is any real hope in limiting or reducing the number of undesirable liquidations of viable businesses and enterprises due to this new aspect of Czech legal and economic life, as well as to evaluate the substance of business restructuring in comparison with the rules of insolvency law as a solution for negative economic situations of businesses.
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The Insolvency Practitioner as a Procedural Entity of Insolvency Proceedings
Weigl, Veronika ; Macková, Alena (advisor) ; Havel, Bohumil (referee) ; Patakyová, Mária (referee)
1 Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce The Insolvency Practitioner as a Procedural Entity of Insolvency Proceedings The aim of this thesis is to thoroughly analyse the status of the insolvency practitioner as a procedural entity of insolvency proceedings de lege lata, to reveal unclear or unsatisfactory points of the applicable legislation and on the basis of this analysis to suggest appropriate legislative changes de lege ferenda. The insolvency practitioner may be a natural person, an unlimited partnership and under certain conditions also a foreign company. The performance of this activity is regulated by law and a great emphasis is placed on qualifications of the insolvency practitioner, however, the legislator could have been stricter regarding the qualifications. Nationals of a member state and foreign companies providing the same guarantees of liability of shareholders as an unlimited partnership, which are performing the activity of an insolvency practitioner in another Member State, may also temporarily or occasionally act as visiting insolvency practitioners in the Czech Republic. The right to perform the activity of the insolvency practitioner is exercised through performance of insolvency practitioner's office in specific...
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Bankruptcy prediction modelling in the environment of V4 countries
Suchánek, Aleš ; Režňáková, Mária (referee) ; Karas, Michal (advisor)
This diploma thesis is focused on the construction of a new bankruptcy model designed for small and medium-sized enterprises in the construction industry in the environment of the Visegrad Four countries. The first part of the thesis is focused on defining the concepts of bankruptcy, bankruptcy model and their placement in the historical context, followed by a description of selected bankruptcy models, a brief description of the construction industry and an analysis of constuction sector. In the practical part, the reliability of selected bankruptcy models is tested and then a new bankruptcy model is constructed.
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Bankruptcy Prediction Modelling in the Manufacturing Industry
Tichá, Barbora ; Bartoš, Vojtěch (referee) ; Karas, Michal (advisor)
This diploma thesis deals with the issue of bankruptcy prediction of small and medium-sized enterprises operating in the manufacturing industry in selected Central European countries. The theoretical part of the thesis defines the concepts related to the prediction of bankruptcy and methods of model creation. The analytical part of the work includes testing the accuracy of selected bankruptcy model by other authors and creating a new bankruptcy model. The accuracy of the newly created model is then compared with the accuracy of selected models by other authors.
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Non-financial causes of bankruptcies of small and medium-sized enterprises
Doležalová, Eva ; Koráb, Vojtěch (advisor)
My dissertation thesis deals with new non-financial causes of bankruptcies of small and medium-sized enterprises. The origin of the idea is based on considerations of leading experts on Czech insolvency law, who believe that the financial tightness, which leads to bankruptcy, is necessarily preceded by anomalies in non-financial areas. Research questions for confirming appointed hypotheses have been addressed directly to bankruptcy managers, insolvency administrators and owners of the South Moravia region companies, which have become insolvent. Innovations and consistent attitude towards them, the number of members and their function in the management of the enterprise, employees who are familiar with the visions and plans of business and outsourcing are defined as key areas for the function of a small and medium enterprise. My dissertation thesis offers a rapid test in corporate health with regard to the hypothesis identified in a particular company ond it offers a detection whether the company is healthy, immunocompromised or sick. The thesis also offers the following use of recommended remedies.
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Risk Management in the Company
Hobza, Tomáš ; Kopřiva, Jan (referee) ; Bartoš, Vojtěch (advisor)
The diploma thesis focuses on the problematics of the risk management, especially on the management accountability for the breach of the obligations related to corporate governance and breach of obligations in the connection with bankruptcy proceedings, in particular the obligation to file a bankruptcy.
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Bankruptcy prediction modelling in manufacturing branch
Synková, Gabriela ; Bartoš, Vojtěch (referee) ; Karas, Michal (advisor)
This diploma thesis deals with the creation of a bankruptcy model for the manufacturing industry in the Czech Republic using logit analysis. The theoretical part defines the concept of bankruptcy model, financial distress and financial health of the company. This section is focused on the influence of macroeconomics on the accuracy of these models, a look into their history and description of selected models. The practical part of the thesis is initially focused on determining the reliability of selected bankruptcy models, and then a new bankruptcy model is compiled.
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