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Equity certificate as object of legal relationships
Drábek, Jan ; Čech, Petr (advisor) ; Tomášek, Petr (referee)
63 Equity certificate as object of legal relationships Abstract With the new Business Corporations Act, which entered into effect on 1st January 2014, several new legal institutes have been added to Czech legal system. One of them is also equity certificate, participatory commercial paper issued by a Limited Liability Company. In my theses I will present basic characteristics of these equity certificates as contained in the Czech law. I study the nature of equity certificate, its requirements, conditions, procedure of issuing and other legal aspects. I also focus on bases of our legal regulations from historical point of view (participatory commercial papers in business corporations others than Joint-Stock Company in former regulations). The introduction of new legal institutes carries with it the risk of unclarity of interpretation caused by the absence of practical experience with them. I identify and analyze these issues in my work. Regarding to the newness of this regulation there is often no judicial decisions available to clarify the problems of interpretation, therefore I build on publications of law experts, my own analysis and comparation with similar institutes. The main areas of concern are transfer of ownership, whether by endorsement or other way. I also examine the issue of commercial...
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Share in a limited liability company as a subject of legal relations; equity certificate
Joklíková, Kateřina ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Share in a limited liability company as a subject of legal relations; equity certificate The master thesis analyses the issue of the transfer of a share in a limited liability company including the possibility to incorporate a share into an equity certificate. The main purpose of this study is to introduce in detail the different phases of the tranfer of a share, an equity certificate and draw attention to several interpretative problems related to the new law of business corporations. Besides the applicable law, which is purposefully subjected to the comparison with legal regulation before the recodification of private law, the work examines the legal literature, including periodicals, and still aplicable case law of the Czech courts. The thesis is divided into five chapters. The first chapter looks briefly at a share in a limited liability company and its definition as a subject of legal relations. The second chapter deals with the modes of the transfer of a share and the preconditions of its realization in the form of obtaining the relevant permissions. This section also outlines possible consequences of not giving the necessary consents with the transfer. The core of the third chapter represents the share transfer agreement, its formal and subject matter requirements. There are also mentioned...
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