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Monistic organizational structure of a Czech joint-stock company after recodification of private law
Chlup, Marek ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Monistic organisational structure of a Czech joint-stock company after recodification of private law. This thesis deals with the monistic organisational structure in Czech legal system. The possibility of choosing the one-tier system was given to the Czech joint-stock companies thanks to recodification of private law, under which, effective as at 1. 1. 2014, was adopted The Business Corporation Act. However, implementation of this obligatory option was not without difficulties. The legislator had chosen inconvenient solution when, unlike in the foreign jurisdiction, there are obligatory constituted two organs. Such a conception, based on links on the dualistic system, creates many interpretation difficulties. In the beginning of this thesis, I introduce internal organisational structures in the view of broader framework of corporate governance. Further, I characterize various organisational structures, classify them and point out their differences. The main focus is on the third chapter. First, I describe the development of the Czech legislation until present state. Flowingly, I characterize the Czech one-tier system, and then I analyse the organs that are in monistic organisational structure constituted. Special attention was requested by the board of directors and statutory directors. The largest...
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Monistic structure of joint-stock company
Langerová, Lucie ; Čech, Petr (referee)
Monistic structure of joint-stock company This thesis is concerned with monistic structure of joint-stock company in the Czech Republic. It seeks to characterize the legislation relating to this legal institute, which is quite new in the Czech legal system. To be able to evaluate this legislation, the thesis provides the reader with a broader range of information concerning this topic. Therefore, on the basis of these pieces of information, the thesis analyzes the Czech legislation in force that regulates monistic structure of companies. The aim of the text is to provide different views on this issue, various interpretations and proposals on the future development of this legislation. First the thesis gives general information on corporate governance systems, i. e. a monistic structure and a dualistic one, which are subsequently compared. Remaining part of the thesis deals with the structure chosen as a topic for this text. Second part is concerned with regulations of monistic structure in foreign countries and their legal systems. The purpose is to outline basic aspects of traditional monistic structures - monistic structures in countries that have influenced the form of this type of corporate governance system the most. As the monistic system of corporate governance is spread out especially in the...
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Monistic organizational structure of a Czech joint-stock company after recodification of private law
Chlup, Marek ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Monistic organisational structure of a Czech joint-stock company after recodification of private law. This thesis deals with the monistic organisational structure in Czech legal system. The possibility of choosing the one-tier system was given to the Czech joint-stock companies thanks to recodification of private law, under which, effective as at 1. 1. 2014, was adopted The Business Corporation Act. However, implementation of this obligatory option was not without difficulties. The legislator had chosen inconvenient solution when, unlike in the foreign jurisdiction, there are obligatory constituted two organs. Such a conception, based on links on the dualistic system, creates many interpretation difficulties. In the beginning of this thesis, I introduce internal organisational structures in the view of broader framework of corporate governance. Further, I characterize various organisational structures, classify them and point out their differences. The main focus is on the third chapter. First, I describe the development of the Czech legislation until present state. Flowingly, I characterize the Czech one-tier system, and then I analyse the organs that are in monistic organisational structure constituted. Special attention was requested by the board of directors and statutory directors. The largest...
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The monistic structure of a Czech joint-stock company after recodification of private law
Tábořík, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The diploma thesis deals with a regulation of the monistic structure of a joint- stock company. This type of governance of a Czech joint-stock companies is introduced by the new Trade Corporations Act ("Act"), which is a part of an extensive recodification of the Czech private law. Introduction of this corporate governance system is not only consequence of this recodification, it is also largely a logical consequence of the statute shopping trend in Europe. The regulation of a monistic joint- stock company as introduced by the Act is not the first monistic company governance regulation in the Czech Republic. This option was already brought by the European Company Act in 2004. The first introductory part of the paper compares the two basic corporate governance systems and introduces the statutory bodies of the companies that distinguish these systems. Consequently, the study compares and evaluates the pros and cons of the two. Next part basically outlines the regulation of the European Company - Societas Europaea (SE). Main focus area of the study is the description of the monistic structure of a joint-stock company as introduced by the Act. The most important part is the description of the Board of Directors. Attention is paid to the membership in the Board, its convening and its conduct and also...
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Monistic structure of joint-stock company
Langerová, Lucie ; Borkovec, Aleš (advisor) ; Hraba, Zdeněk (referee)
Monistic structure of joint-stock company This thesis is concerned with monistic structure of joint-stock company in the Czech Republic. It seeks to characterize the legislation relating to this legal institute, which is quite new in the Czech legal system. To be able to evaluate this legislation, the thesis provides the reader with a broader range of information concerning this topic. Therefore, on the basis of these pieces of information, the thesis analyzes the Czech legislation in force that regulates monistic structure of companies. The aim of the text is to provide different views on this issue, various interpretations and proposals on the future development of this legislation. First the thesis gives general information on corporate governance systems, i. e. a monistic structure and a dualistic one, which are subsequently compared. Remaining part of the thesis deals with the structure chosen as a topic for this text. Second part is concerned with regulations of monistic structure in foreign countries and their legal systems. The purpose is to outline basic aspects of traditional monistic structures - monistic structures in countries that have influenced the form of this type of corporate governance system the most. As the monistic system of corporate governance is spread out especially in the...
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