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Rights and obligations of shareholders
Hála, Ondřej ; Josková, Lucie (advisor) ; Flídr, Jan (referee)
The principles of operation of each joint-stock company are based on the definition of the rights and obligations of shareholders. Following the recodification of private law, the legal framework has been clarified in some respects. The rights and obligations of shareholders and their observance and enforcement are an integral part of the modern legal regulation of a joint- stock company.. The aim of this work is to analysis of the basic rights and obligations and possible consequences in case of violation. Furthermore, the work deals with the issue of the adequacy of legislation, taking into account other sources of law and seeks to identify any ambiguities in their interpretation. The work is divided into four separate parts. In the first part, in addition to a historical excursion to the period when joint-stock companies were established, the reader has the opportunity to get acquainted with the characteristics of the current legal framework of joint- stock companies in the Czech Republic. For the continuation of other chapters and understanding of the context, it was important to mention the functioning of the joint-stock company in a monistic and dualistic system. The second and third parts of the work are essentially equivalent and are crucial in terms of the importance of the work. The...
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Rights and obligations of shareholders
Vápeníková, Andrea ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
A joint stock company is a typical example of a capital company whose principal element is a shareholder on whom rests the existence of a joint stock company. The shareholders enter the company as investors who want to increase the value of their investments. The management of the company has the competence of a professional management, which seeks to increase the particular investment and to strengthen the company's position in the market. However, there may be situations when the management of the company pursues different interests than the interests of the shareholders. Due to this reason it is necessary to clearly define the relationship among the shareholders as well as between the shareholders and the company. Legal status of the shareholders is defined as a set of rights and duties. A shareholder has partial rights that enable him to participate in the running of the company, including the right to attend the general meeting and to vote at it. Furthermore, the shareholder has the right to participate in profit distribution and to participate in distribution of the liquidation balance. The Business Corporation Act also grants special rights to the minority shareholders, i.e. qualified shareholders, which serve to protect them. A qualified shareholder has primarily the right to request the...
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Rights and obligations of shareholders
Vápeníková, Andrea ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
A joint stock company is a typical example of a capital company whose principal element is a shareholder on whom rests the existence of a joint stock company. The shareholders enter the company as investors who want to increase the value of their investments. The management of the company has the competence of a professional management, which seeks to increase the particular investment and to strengthen the company's position in the market. However, there may be situations when the management of the company pursues different interests than the interests of the shareholders. Due to this reason it is necessary to clearly define the relationship among the shareholders as well as between the shareholders and the company. Legal status of the shareholders is defined as a set of rights and duties. A shareholder has partial rights that enable him to participate in the running of the company, including the right to attend the general meeting and to vote at it. Furthermore, the shareholder has the right to participate in profit distribution and to participate in distribution of the liquidation balance. The Business Corporation Act also grants special rights to the minority shareholders, i.e. qualified shareholders, which serve to protect them. A qualified shareholder has primarily the right to request the...
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