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Establishment of pledge in the context of loan financing
Šteco, Ondřej ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Establishment of pledge in the context of loan financing ABSTRACT The subject of this diploma thesis is the establishment of pledge in the context of loan financing, i.e. the most common way of securing debts of borrowers being business companies arising under the facility agreement in the Czech banking market. In addition to the author's aim to provide a comprehensive analysis of the issues in connection with the establishment of pledge in the context of loan financing, the author aims to further provide analysis of relating issues, being, inter alia, the role of the pledgee as the security agent, the establishment of disposal limitations with the collateral, the purpose of pledge as a condition precedent to the utilisation of a loan, and the comparison with certain other chosen security instruments used in loan financing. Moreover, the author aims to identify and define problematic issues relating to the establishment of pledge that are relevant for loan financing and to provide possible solutions thereto. The thesis is not limited to a mere description of the selected subject but it also presents the author's own view on the troublesome issues and propositions relating to possible future amendments of law. The author achieves the aforestated purpose of the thesis by analysing applicable Czech...
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Debtor-in-possession financing
Marek, Frank ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Debtor-in-possession financing Abstract The topic of this thesis is debtor-in-possession financing. Debtor-in-possession financing, albeit not being a topic of a vast interest in the Czech insolvency theory, has rightful place in the insolvency law. By acquiring new financial proceedings, resources, energies or other benefit, debtor earns a chance to preserve or restore the operation of its business, while bringing a possibility of higher satisfaction of the creditors' claims mainly because new financial proceedings may help the debtor to generate new earnings that can be used to satisfy creditors' claims. The aim of the thesis was to evaluate contemporary legal framework of the debtor-in- possession financing, its doctrinal interpretations, court practice and recent topics that has occured in the global context. The thesis brings a de lege ferenda refelctions based on critical analysis of abovementioned sources. The thesis comprises of the introduction, eight chapters divided into subchapters and conclusion. The first chapters brings theoretical basis of the thesis by distinguishing the terms insolvency, loan and debtor-in-possession financing. The second chapter contains the description of the purpose of the insolvency law, its principles and in particular cases it explains the relation between such...
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Secured and unsecured lending in the international comparison
Němec, Robert ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
SECURED AND UNSECURED LENDING IN THE INTERNATIONAL COMPARISON Abstract This thesis discusses various issues related to debt financing on financial markets both in the Czech Republic and around the world. It focuses on the fundamental concepts of financial markets with an emphasis on debt financing instruments. From an international perspective, the paper in particular analyses applicable legal regulations and economic considerations relating to debt financing in the United Kingdom of Great Britain and Northern Ireland and the United States of America. The thesis is divided into three chapters and a number of subchapters. The first chapter provides a general overview of financial markets and their role in the modern economy. The chapter goes on to define further basic terms and concepts necessary to allow for the proper understanding and interpretation of the complex issues that are discussed in the following chapters. The second chapter discusses debt financing on international financial markets. Before analysing the two distinct financial markets, the chapter provides an overview of general issues related to the relationship between basic financial transactions and debt financing, focusing in particular on the individual types of loans, their specifics and available forms of security. Thereafter the...
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The financing of the bankrupt during the reorganization
Hájková, Lucie ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This bachelor thesis deals with the possibilities the financing of bankrupt during the reorganization. The first part describes the debt financing, its legal aspects, and especially financial and supplier credits and their using. The next part is about tolling financing where advantages and disadvantages are described as well as its using during reorganization. The last part is about other ways of financing the bankrupt during reorganization.
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Institute "Debtor-in-possession financing" in insolvency proceedings
Zahradníková, Lenka ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
The Master's Thesis is focused on the problem of securing an operational cash flow for maintaining entrepreneurship activities of organizations that enter into insolvency proceedings because of their insolvency or excessive indebtedness. This issue is addressed by the insolvency law through a new institute of debtor-in-possession financing which is a part of the main purpose of this law to assist companies that have a certain economic potential to create value added in the future prospect. The issue is with obtaining such post-petition financing because there is not many banking or non-banking institutions that would provide this high-risk financing. From the above-mentioned reason, an idea has been developed with the cooperation of Česká Spořitelna a.s. to create a new credit product provided by the banking institution for the Czech financial market. The assessment of rationality, effectiveness, and recoverability, as well as the proposal of standards and requirements for completion of contracts and their structure about debtor-in-possession financing are compiled in the Master's Thesis.
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Debt financing according to the Czech Insolvency Law within reorganization
Vohralíková, Monika ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
The new Insolvency Law came into the account in 2008. It brought number of innovations. New rules for reorganization and dealing with bankruptcy was established. Companies facing the bankruptcy are now allowed to get operational funds by loan financing in the scope of insolvency law. The aim of this thesis is to analyze the use of debt financing during the reorganization under bankruptcy law and identifying motives for his provision creditors. The work also focuses on success factors reorganization and find the main risk areas affecting the outcome of the healing process.
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The choice of the sources during decision-making of investment purpose
Wienerová, Kateřina ; Půlpánová, Stanislava (advisor) ; Coufal, Libor (referee)
This thesis deals with different methods of funding of fixed assets. The main aim of the study is to provide a general overview of the given types of funding and their comparison, either from a qualitative or a quantitative perspective. The application section focuses on linking the general section with a real-life situation, for a better illustration of the overall problem and to determine which of these types of funding is most advantageous for the analyzed company (Diakonie Broumov). Emphasis is placed primarily on factors influencing investment decisions in acquisition of vehicles. To compare effectiveness of various methods of funding the method of discounted costs is used.
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Tax Incidence of An Estates Purchased by Financial Leasing
HOMMER, Petr
In the theoretical part I defined leasing. I mainly pointed out advantages and disadvantages, types of leasing, leasing process, tax and accounting aspects. In the practical part I compared three situations when buying a new car. Assignment of lease agreement, new leasing contract and loan financing. I made this comparison on the basis of administrative requirements, taxation and financial performance. On the basis of several methods and considerations I have concluded that the loan is the best way. Assignment of the lease agreement is at first sight very disadvantageous. Leasing is a specific accounting situation, which is often difficult for accountants too. A mistake can be easily made during accounting of leasing operations. Leasing is very complicated mainly from the tax point of view.
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