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Anonymity of a shareholder and the requirements for his identification
Kahánek, Josef ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Anonymity of shareholders and the associated degree of transparency of the joint- stock company belongs in the field of company law among the most debated issues. Especially in light of the necessary fight againstmoney laundering and financing of global terrorism European legislaton creates extensive modification of the terms which are targeted on uncovering the identity of genuine owners of joint-stock companies. Czech Republic is obliged to transpose these terms into czech law. From this perspective, it is a very dynamic subject that is rapidly evolving and is not analyzed comprehensively. Work is primarily devoted to the description of the institutes in czech private law, which allow to maintain the anonymity of shareholders and degree of their possible identification. The thesis contains also the characteristics of selected public law acts in which is presented strong public interest on the identification of beneficial owners of corporations. The thesis also reflects upcoming changes that will in the near future modify the position of shareholders and their potential unfolding. The first two chapters focus on the brief description of the historical development of the concept of shareholders anonymity and the terms of their identification. The second chapterfocuses on the enactment of theBearer...
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Anonymity of shareholders and requirements for their identification
Kulhánková, Klára ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
This thesis deals with degree of effective anonymity of shareholders in a public limited company and with possible ways of its limiting. It is also concerned with manners of identification of shareholders for purpose of exercise of their shareholder rights, as well as for uncovering shareholder structure of a public limited company is specific cases, provided by law. The aim of the thesis is to explain and analyze the legislation de lege lata, particularly with regards to recodification of private law and to other upcoming enactments of both private and public law. The topic was chosen by the author also with intent to professionally explain this issue which has not been dealt with comprehensively in academic papers. The topic has been elaborated particularly by analyzing individual legal concepts relating to anonymity and identification of shareholders; a historical method is used in the introduction dedicated to historical roots of anonymity of shareholders, too. The introduction contains characteristics of public limited company, including definition of shares, and sets the traditional concept of shareholder's anonymity in the historical context. The main part of the thesis is focused on analysis of individual provisions of the Commercial Code from the perspective of degree of shareholder's...
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Anonymity of shareholders and the requierements for their identification
Paulus, David ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Anonymity of shareholders and the requierements for their identification This thesis concentrates on the anonymity of shareholders which is currently one of the most discussed aspects of the corporate law. The topicality of this issue was one of the reasons for the selection of this topic. Czech legislation has been criticized both by NGOs and a large part of Czech population for the excessive simplicity of the use of anonymous shares and for owners identification impossibility.. The paper is focused on ways of both hiding the beneficial owner of shares and also shareholders identification. This work is written during the ongoing debate on the abolition of bearer shares, which is considered to be an instrument for corruption or legalization of proceeds from criminal activities, so-called money laundering. Debates on the abolition (or at least reducing) of the shareholders anonymity are being held not only in the Czech Republic. Many countries have already implemented certain instruments in this area. Bearer shares have been canceled without compensations in some countries, , other countries allowed their demeterialized or immobilized form. The aim of this work is to analyze not only valid and effective legislation, but also the legislation enacted in connection with the recodification of private...
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Anonymous shareholders and conditions for their identification
Vařbuchta, Marek ; Černá, Stanislava (advisor) ; Josková, Lucie (referee)
The anonymity of shareholders and non-transparent ownership structures of joint stock companies belongs to the most discussed issues of these days in terms of corporate law. The significant changes in relevant legislation and unresolved questions of the anonymity of shareholders are the reason I decided to focus on this topic. The main purpose of my thesis is to analyze the anonymity of shareholders and conditions of their identification, primarily regarding the recent recodification of the Czech civil law and the legislation being prepared not only in the Czech Republic but also at EU-level. The thesis is composed of six chapters. Chapter One is introductory and deals with the history of the anonymity of shareholders and their identification within the Czech territory. Chapter two is concerned with the problems that resulted from enacting the Bearer Share Abolition Act. Next two Chapters concentrate on current Czech legislation regulating the anonymity of shareholders and conditions of their identification, represented in particular by the Business Corporation Act and other relevant statues. These chapters are subdivided into several parts which thematically deal with the anonymity based on the form of shares, information publicized in the Commercial Register or the conception of a trust; it also...
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Anonymity of shareholders and the requierements for their identification
Paulus, David ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Anonymity of shareholders and the requierements for their identification This thesis concentrates on the anonymity of shareholders which is currently one of the most discussed aspects of the corporate law. The topicality of this issue was one of the reasons for the selection of this topic. Czech legislation has been criticized both by NGOs and a large part of Czech population for the excessive simplicity of the use of anonymous shares and for owners identification impossibility.. The paper is focused on ways of both hiding the beneficial owner of shares and also shareholders identification. This work is written during the ongoing debate on the abolition of bearer shares, which is considered to be an instrument for corruption or legalization of proceeds from criminal activities, so-called money laundering. Debates on the abolition (or at least reducing) of the shareholders anonymity are being held not only in the Czech Republic. Many countries have already implemented certain instruments in this area. Bearer shares have been canceled without compensations in some countries, , other countries allowed their demeterialized or immobilized form. The aim of this work is to analyze not only valid and effective legislation, but also the legislation enacted in connection with the recodification of private...
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Anonymity of shareholders and requirements for their identification
Kulhánková, Klára ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
This thesis deals with degree of effective anonymity of shareholders in a public limited company and with possible ways of its limiting. It is also concerned with manners of identification of shareholders for purpose of exercise of their shareholder rights, as well as for uncovering shareholder structure of a public limited company is specific cases, provided by law. The aim of the thesis is to explain and analyze the legislation de lege lata, particularly with regards to recodification of private law and to other upcoming enactments of both private and public law. The topic was chosen by the author also with intent to professionally explain this issue which has not been dealt with comprehensively in academic papers. The topic has been elaborated particularly by analyzing individual legal concepts relating to anonymity and identification of shareholders; a historical method is used in the introduction dedicated to historical roots of anonymity of shareholders, too. The introduction contains characteristics of public limited company, including definition of shares, and sets the traditional concept of shareholder's anonymity in the historical context. The main part of the thesis is focused on analysis of individual provisions of the Commercial Code from the perspective of degree of shareholder's...
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Anonymity of a shareholder and the requirements for his identification
Kahánek, Josef ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Anonymity of shareholders and the associated degree of transparency of the joint- stock company belongs in the field of company law among the most debated issues. Especially in light of the necessary fight againstmoney laundering and financing of global terrorism European legislaton creates extensive modification of the terms which are targeted on uncovering the identity of genuine owners of joint-stock companies. Czech Republic is obliged to transpose these terms into czech law. From this perspective, it is a very dynamic subject that is rapidly evolving and is not analyzed comprehensively. Work is primarily devoted to the description of the institutes in czech private law, which allow to maintain the anonymity of shareholders and degree of their possible identification. The thesis contains also the characteristics of selected public law acts in which is presented strong public interest on the identification of beneficial owners of corporations. The thesis also reflects upcoming changes that will in the near future modify the position of shareholders and their potential unfolding. The first two chapters focus on the brief description of the historical development of the concept of shareholders anonymity and the terms of their identification. The second chapterfocuses on the enactment of theBearer...
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