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Shareholders' Agreements of Capital Companies Shareholders Relating to Dispositions with Their Participation
Tománek, Adam ; Černá, Stanislava (advisor) ; Hurychová, Klára (referee)
Shareholders' Agreements of Capital Companies Shareholders Relating to Dispositions with Their Participation Abstract Shareholders' agreements are important tools for regulating relationships among shareholders. This thesis deals with shareholders' agreements among shareholders of capital companies in the Czech legal environment and examines their effectiveness and use as tools for investor protection. The work focuses on the question of whether shareholders' agreements among shareholders of capital companies are as effective in the Czech legal environment as they are in common law, where they have a long history and significant importance. For this purpose, mainly descriptive methods, analytical methods and synthesis are used. Throughout the work, the author relies on the conclusions of authors from the Anglo-American legal culture. In the general part, the work deals with the general definition and purpose of shareholders' agreements. Given the not yet fully established definition of shareholders' agreements, the work is devoted to their definition as a type of contract and their purpose. In the special part, emphasis is placed on shareholders' agreements concerning dispositions with their participation, which protect the value represented by a share in a private company and serve as a tool for dispute...
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Protection of investors in the capital markets
Drobiš, Zbyněk ; Kohajda, Michael (referee) ; Novotný, Petr (referee)
- PROTECTION OF INVESTORS IN THE CAPITAL MARKETS The purpose of the work is to describe about the protection of investors in the capital markets and create work that outlining to the general and professional public the possibility of obtaining damages for the infringements of the law. The work is focused on the most common unfair practices in the capital markets. Author of the work describes the issue of churning, which is the most common violations of the law and causing considerable financial losses to the investors. The work is analyzing the particular responsibility of the securities trader and investor intermediary. The work is focusing on the most common malpractice and violations of the law. The main part of the work is an overview of the administrative punishments by Czech National Bank. Work is also analyzing the judicial decisions for the purpose of the work. Finally, the author is focused on the issuer's liability for the breach of information duties.
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Protection of investors in the capital markets
Drobiš, Zbyněk ; Kohajda, Michael (referee) ; Novotný, Petr (referee)
- PROTECTION OF INVESTORS IN THE CAPITAL MARKETS The purpose of the work is to describe about the protection of investors in the capital markets and create work that outlining to the general and professional public the possibility of obtaining damages for the infringements of the law. The work is focused on the most common unfair practices in the capital markets. Author of the work describes the issue of churning, which is the most common violations of the law and causing considerable financial losses to the investors. The work is analyzing the particular responsibility of the securities trader and investor intermediary. The work is focusing on the most common malpractice and violations of the law. The main part of the work is an overview of the administrative punishments by Czech National Bank. Work is also analyzing the judicial decisions for the purpose of the work. Finally, the author is focused on the issuer's liability for the breach of information duties.
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Czech and European legislation of the securities brokers guarantee fund
Hoštičková, Ivana ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
75 Abstract: The investor compensation scheme is one of the indispensable elements contributing to the stability of capital markets. Protection of retail investors by providing the minimal guarantee in case of investment firm's inability to return securities or money to investors became an essencial instrument in order to restart the economy, particularly in times of economic recession. Given the transboundary nature of investments a single European legislation is not only appropriate, but also practically necessary measure to restore investors' confidence in investment firms and to increase the competitiveness of markets in financial services within the European continent. The investor compensation scheme is still not receiving full attention of Czech legal theory, therefore it is one of the ambitions of this thesis to provide its comprehensive analysis. The aim of my thesis is also to compare whether the Czech legislation of Securities Brokers Guarantee Fund complies with the requirements of European legislation and to analyse proposal for a directive of the European Parliament and of the Council amending Directive 97/9/ES on investor-compensation schemes and its effect on Securities Brokers Guarantee Fund. This thesis is composed of five chapters. Chapter One deals with the genesis of the investor...
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