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Selected matters covered by statutory provisions on shareholders protection as set out in the commercial code
Pokorná, Veronika ; Štenglová, Ivanka (advisor) ; Dvořák, Tomáš (referee) ; Macek, Jiří (referee)
This dissertation looks at selected matters covered by the statutory provisions on the shareholders protection as set out in the Commercial Code. It focuses mainly on the matters contained in Section 196a of the Commercial Code, Section 193 (2) of the Commercial Code, and on the issue of financial assistance. In addition, this dissertation deals with the legal protection of shareholders under the Business Corporations Act which is to take effect on 1 January 2014, and provides a brief outline of how these matters are regulated under certain foreign laws. As well, it provides a comparison with the legal regulations of the European Union. This dissertation is comprised of three sections, each having several parts. The parts are further divided into articles. Section 1 analyses the statutory provisions on the protection of shareholders as given in the Commercial Code, and is divided into four parts. The introduction, given in Part I, focuses on the protection of shareholders under the Commercial Code in the general sense. The remaining three parts concentrate on the above said selected statutory provisions. In each of those three parts, I attempt to discuss the key purpose of the provisions, describe how they developed including respective amendment (novelizations) of the Commercial Code and, in this context,...
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Selected matters covered by statutory provisions on shareholders protection as set out in the commercial code
Pokorná, Veronika ; Štenglová, Ivanka (advisor) ; Dvořák, Tomáš (referee) ; Macek, Jiří (referee)
This dissertation looks at selected matters covered by the statutory provisions on the shareholders protection as set out in the Commercial Code. It focuses mainly on the matters contained in Section 196a of the Commercial Code, Section 193 (2) of the Commercial Code, and on the issue of financial assistance. In addition, this dissertation deals with the legal protection of shareholders under the Business Corporations Act which is to take effect on 1 January 2014, and provides a brief outline of how these matters are regulated under certain foreign laws. As well, it provides a comparison with the legal regulations of the European Union. This dissertation is comprised of three sections, each having several parts. The parts are further divided into articles. Section 1 analyses the statutory provisions on the protection of shareholders as given in the Commercial Code, and is divided into four parts. The introduction, given in Part I, focuses on the protection of shareholders under the Commercial Code in the general sense. The remaining three parts concentrate on the above said selected statutory provisions. In each of those three parts, I attempt to discuss the key purpose of the provisions, describe how they developed including respective amendment (novelizations) of the Commercial Code and, in this context,...
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Company purchase of own shares and financial assistance
Šubertová, Karolina ; Kříž, Radim (advisor) ; Štěpánek, Petr (referee)
The master thesis covers the topic of company purchasing of own shares. In the meantime, this kind of process in the life of a company has been completed by another important phenomenon -- financial assistance -- which is the second topic of this thesis. The thesis aims to analyse the changes, that have been noticed in the Czech system of law, concerning the company purchase of own shares and the financial assistance during the last eighteen years, i. e. since the Commercial Code entered into force in the Czech Republic. There are also included the reasons of the legal regulation of the process of purchasing of own shares, that are of economic, legal even ethic character. In fact, the company law in the Czech Republic has been influenced in a significant way by the European sources of law, as well as the other branches of law. Thus, the evolution of the European legal framework of the company purchase of own shares and the financial assistance, and its impact on the Czech company law, have to be mentioned. To be more illustrative, the thesis refers to the judicature of the Supreme Court of the Czech Republic, to the judicature of the Court of Justice of the European Union, and standard practice of the Securities Commission.
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