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Relocating registered office of a business corporation within the European Union
Jirková, Pavla ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The idea of internal market is one of the basic concepts of the European integration. The internal market of the European Union is a single market in which the free movement of goods, services, capital and persons is ensured. This thesis focuses on the free movements of legal persons in the European Union, namely freedom of establishment and the possibility of cross-border transfer of a company's registered office. This business focused freedom is regulated mainly by primary law in Articles 49 a 54 TFEU and its main objective is to enable the exercise of economic activities even in the territory of other Member States. The aim of this thesis is to investigate the regulation and development of case law regarding freedom of establishment of companies and give their comprehensive analysis. Furthermore, the thesis points out the fact that the choice of company's seat and its change is often associated with advantageous conditions laid down by national legislation. Companies often choose countries which have minimum requirements for their establishment and existence. States are aware of this behavior. Consequently, some of them reduce their legal standards and try to attract companies into their territory. This may cause the battle of jurisdictions. The thesis consists of the initial and final part and...
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Relocating registered office of a business corporation within the European Union
Jirková, Pavla ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The idea of internal market is one of the basic concepts of the European integration. The internal market of the European Union is a single market in which the free movement of goods, services, capital and persons is ensured. This thesis focuses on the free movements of legal persons in the European Union, namely freedom of establishment and the possibility of cross-border transfer of a company's registered office. This business focused freedom is regulated mainly by primary law in Articles 49 a 54 TFEU and its main objective is to enable the exercise of economic activities even in the territory of other Member States. The aim of this thesis is to investigate the regulation and development of case law regarding freedom of establishment of companies and give their comprehensive analysis. Furthermore, the thesis points out the fact that the choice of company's seat and its change is often associated with advantageous conditions laid down by national legislation. Companies often choose countries which have minimum requirements for their establishment and existence. States are aware of this behavior. Consequently, some of them reduce their legal standards and try to attract companies into their territory. This may cause the battle of jurisdictions. The thesis consists of the initial and final part and...
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Private international law and the issues of business corporations
Šarapatka, Matěj ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
The aim of this work is to analyse the companies under the private international and European law, their cross-border mobility and the problems associated therewith. Crucial emphasis is placed on the synthesis of foreign and Czech authors and confrontation of theory and practice in the light of the current global development of company law in private international law. The key point is the determination of personal status of the company and the conflict between the incorporation theory and the real seat theory. At the outset the author explains the reasons which led him to write this thesis, including the methods used to do so. The whole thesis is divided into four main thematic areas. In the first chapter, some of the basic concepts are defined in order to clarify the thematic framework within which the thesis will be dealt with. The second chapter addresses the definition of the term "Company", its personal status, various approaches to determine the effects of different conflict theories and the regulatory competition arising thereof. The third part deals with a detailed analysis of the Czech law, in particular with the relationship between the Czech Republic and foreign companies, the concept of residence, criteria for determining personal status and different approaches to the cross-border...
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