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Creation and termination of the position of a member of the governing body of a limited company
Hřebejková, Tereza ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Text of this thesis deals with the creation and termination of the position of a member of the governing body of a limited company. The first part of this text sets out the conditions under which this member is legally able to perform in his position, these are full legal capacity, no record of criminal conviction and there are no obstacles to undertaking a trade in the meaning of the Act No. 455/1991 Coll. The text also mentions the provisions § 38l of the Commercial Code, for it still applies on some cases on behalf of the provision § 779, paragraph 3 of the Act on Business Corporations. This text of this thesis continues to deal with the consequences of incapacity to perform in this position and states that in this case, the creation of such position is seen, as it never happened. In the case of capacity to perform in a position being lost after the position was created, the position terminates. Newly, a legal entity can become a member of an elective organ. However, to perform in this position, they have to choose a natural person as their representative. If there is no representative, the legal entity is represented by a member of board of directors or a company director. There were warnings of a possibility of multiplication, as there may be legal entities in such statutory bodies. Further,...
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