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The Board of Directors of a joint stock company and the position of its members
Šula, Marek ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
Board of Directors of a joint-stock company and position of its members Board of Directors of a joint-stock company is a body whose powers can be divided in two major fields of activity. The first one is called business management and involves organization and conducting of business within the company. The second one includes the right to act on behalf of the company in relations to third parties. The aim of my thesis is to analyze issues related to the so called "concurrence of duties" which has recently become very relevant and there is still no generally accepted solution. Concurrence of duties can be defined as a situation, where a member of the Board of Directors performs, besides his duties, other duties for the company (different from his duties of a member of the Board of Directors) as an employee of the company. These concurrent duties are based on different legal rules, so e.g. the respective liability for damage in connection to the performance of such duties, possibilities of termination of the legal relationship between such person and the company or tax and insurance payment conditions are regulated differently. The problem is that it is unclear how such person is to be considered - whether he/she is a member of the Board of Directors or an employee. I tried to analyze the current...
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Concurrence of duties of a member of the board of directors and an employee within a joint-stock company
Šula, Marek ; Horáček, Tomáš (referee) ; Zahradníčková, Marie (referee)
Concurrence of duties of a member of the Board of Directors and an employee within a joint-stock company The aim of this thesis is to describe a situation, where a member of the Board of Directors of a joint-stock company is simultaneously an employee of the same company (so called concurrence of duties) and to analyze problems arising from this situation. In this context it is important to show the differences between labour-law relationship and commercial-law relationship, as well as to look at concurrence of duties in the past. An amendment to the Commercial Code made performance of the business management in the framework of parallel labour-law relationship possible, but the recodification of Civil Law that shall come into effect as of January 1, 2014 does not take concurrence of duties into consideration. One of the most important parts of this thesis will be thus looking for an answer to the question, what the situation regarding concurrence of duties will be in the future. The second crucial problem, that this thesis is focused on, is issue of concurrence of the powers to act on behalf of the company, i.e. if a member of the Board of Directors is entitled to act even as a contractual or legal representative of a company. At the conclusion, the author reflects real advantage of concurrence of...
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The Board of Directors of a joint stock company and the position of its members
Šula, Marek ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
Board of Directors of a joint-stock company and position of its members Board of Directors of a joint-stock company is a body whose powers can be divided in two major fields of activity. The first one is called business management and involves organization and conducting of business within the company. The second one includes the right to act on behalf of the company in relations to third parties. The aim of my thesis is to analyze issues related to the so called "concurrence of duties" which has recently become very relevant and there is still no generally accepted solution. Concurrence of duties can be defined as a situation, where a member of the Board of Directors performs, besides his duties, other duties for the company (different from his duties of a member of the Board of Directors) as an employee of the company. These concurrent duties are based on different legal rules, so e.g. the respective liability for damage in connection to the performance of such duties, possibilities of termination of the legal relationship between such person and the company or tax and insurance payment conditions are regulated differently. The problem is that it is unclear how such person is to be considered - whether he/she is a member of the Board of Directors or an employee. I tried to analyze the current...
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