National Repository of Grey Literature 40 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Iura in re aliena to a share in a business corporation (including share incorporated in a security)
Jirásek, Lukáš ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
The diploma thesis revolves around the theme of the conditions of creating a pledge over a share in a business corporation. The author aims to answer the question of which shares in business corporations can be subject to a pledge and under what conditions. Additionally, the work explores how members of individual business corporations can influence these conditions, and to what extent. To achieve this goal, the work is divided into five chapters. The first chapter examines the ability of a share in a corporation to become a pledge from the perspective of civil law. Attention is given to the requirements for the characteristics of pledge set forth in the Civil Code and their reflection in the requirements for creation of a pledge over a share in a corporation. The possibility of incorporating certain shares in a corporation into a security or registered security taken into account. Possible approaches to the applicability of the general regulation of pledge of a share to a security representing a share, are presented. The second chapter deals with the legal prerequisites for the ability of a share in individual business corporations to become a pledge. The material reason for such a setup is examined, especially in cases where legal regulations imply that a share in the respective business...
Shares granting appointment rights in a limited liability company
Szuscik, Roland ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
Shares granting appointment rights in a limited liability company Abstract In a limited liability company, the right to appoint may be attached to and form part of the share. Such a share is a special type of share and is called a share with an appointment right, which entitles its owner to appoint a member of the statutory, supervisory, or optional body of the company, as well as to remove him. The thesis focuses on the conditions for the exercise of the right to appoint and its limits. In addition to the general limits of the autonomy of the will, the thesis focuses on the specific conditions enshrined in the Commercial Corporations Act. The diploma thesis reflects the amendment to the Commercial Corporations Act No. 33/2020 Coll., which resolved the theoretical contradiction and firmly anchored shares with the appointing rights in the Czech legal system and describes the specifics of the exercise of this right and the defence mechanisms of shareholders who do not have the broadcasting right. In addition, the thesis deals with the consequences of failure to meet these criteria, as well as the removal of a member of an elected body who was appointed to office in violation of the law or the articles of association. The right to remove a member of an elected body is primarily vested in the shareholder who...
Prostorová diferenciace podílu uvězněných osob ve světě
ŽELEZNÁ, Tereza
The bachelor thesis deals with the spatial differentiation of the distribution of imprisoned persons in the world at the level of individual states. Based on the statistics taken from the World Prison Brief database, it analyses the number of prisoners in the given countries of the world. The theoretical part of the work is focused on the definition and delineation of basic terms from the field of penology and social pathology, as well as theories that are closely related to prison systems. The analytical part examines the influence of individual groups of economic, social and other factors on the share of imprisoned persons. The quantitative method of evaluating the influence of selected factors is characterized by correlation analysis. The aim of the bachelor thesis is to clearly interpret the spatial differences in the observed phenomenon and to find the main determinants that encourage the occurrence of criminal behaviour and imprisonment itself. The synthetic part focuses on the distribution of the investigated phenomenon in a macro-regional concept in order to generalize and facilitate the determination of the main determinants and specifics of the distribution of the investigated phenomenon.
Comparative analysis of the Czech and French legislation of the limited liability company and analysis of the relevant French legal terminology with a glossary
JECHOVÁ, Pavlína
This thesis concentrates on legislation of Limited liability company compared to corporation in Czech Republic and France. The goal is to provide the complete knowledge of information from inception to termination of corporation which should contribute to more transparent orientation in the issue.
Pitfalls of application of the legal regulation of types of shares in a limited liability company
Spousta, Jan ; Tomášek, Petr (advisor) ; Černá, Stanislava (referee)
- Pitfalls of application of the legal regulation of types of shares in a limited liability company This thesis focuses on the issue of the types of shares in a limited liability company. This relatively new concept was introduced into Czech civil law by a recodification effort effective from 1 January 2014, and from the beginning it, like any substantial change in law, has been accompanied by ambiguities in interpretation. As of 1 January 2021, an extensive amendment to the Act on Business Corporations comes into force, which aims, among other things, to resolve some controversial issues and interpretive ambiguities. This work has a very similar goal and to some extent is based on the amendment to the Commercial Corporations Act. The thesis is thematically divided into four consecutive chapters. The first chapter generally introduces the share in a limited liability company and the possibility of emitting different types of shares. This part represents the starting point for further considerations and thus forms the basis of the whole thesis. The first chapter is followed by the second chapter with an overview of standard typology of shares, with basic share and a share with special rights. This chapter also contains a critical assessment of the need for such typology and the implications of this...
Liability for defects of a share or shares of stock
Červená, Lucie ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Liability for defects of a share or shares of stock ABSTRACT This diploma thesis deals with the analysis of legal and contractual liability for defects of a share or shares of stock and with the definition of its qualities focusing on the legislation of the purchase. Due to the fact, that the number of executed transactions concerning a share or shares of stock reaches several hundred per year in the Czech Republic and the Czech legal system deals with the legislation of the share purchase agreement marginally, the number of disputes arises regarding their defects and the transferor's liability for them in practice. Therefore, I consider the topic of liability for defects of a share or shares of stock as a topical issue and appropriate to more detailed elaboration. Several research questions were asked e.g.: if a share of shares of stock can have the usual qualities or the usual purpose of use; if the qualities of the enterprise can be also the qualities of a share or shares of stocks directly by law; or if a shareholder of the business corporation can be considered as a consumer. In some issues that are controversial in legal theory or are not solved, or only marginally in the Czech legal system, a comparison with foreign legal doctrine, especially German and Austrian, is used to find solutions. Following...
Types of shares in limited liability company
Srbová, Kateřina ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Types of shares in limited liability company Abstract Prevailing non-mandatory rules in the Business Corporations Act give considerable possibilities to the party autonomy of its addressees, so they can agree on their own regulation of rights and duties for certain matters, if the law allows it. Types of shares in limited liability company are one of those matters, which is also the topic this diploma thesis deals with. In accordance with the Business Corporations Act, memorandum of association can admit formation of different types of shares in the limited liability company. However, this act does not specify in more detail which types of shares can be or can not be in limited liability company created or what the limits of its formation even are. The main aim of this diploma thesis is to determine those limits and also rights and duties connected to the share that are possible to be modified or excluded and whose modification can create individual different types of shares in limited liability company. This diploma thesis consists of three main chapters which are further divided into subchapters. The first chapter is devoted to the share in limited liability company as a general legal term, its content and its delimitation as a subject of legal relationships. The second chapter is aimed at the limits...
Rights and obligations of shareholders
Hála, Ondřej ; Josková, Lucie (advisor) ; Flídr, Jan (referee)
Rights and obligations of shareholders The diploma thesis deals with the comparison of the legal status of individual shareholders in a joint stock company, respectively provides an insight into possible differences in their rights and obligations. In the first part, the differentiation in shareholder rights and obligations are listed in general in terms of qualitative and quantitative aspects of the share and addresses the question of whether the different type and number of shares held by individual shareholders does not encounter the principle of equality. Due to the diversity of all shareholder rights and obligations, the work in its second part focuses on the duty of loyalty and compares this general obligation, which is the basis of all other shareholder rights and obligations, from the perspective of individual shareholder groups. A joint stock company is an environment where there is often a conflict of interest between shareholders and the company or between shareholders themselves. For this reason, the duty of loyalty primarily defines the terms "purpose" and "interest" of the company and similarly, the shareholders identify the "motive" for which shareholders most often join the joint-stock company and their partial "interests". Subsequently, a general description of the duty of loyalty...
Classes of Shares in Limited Liability Companies
Lála, Daniel ; Černá, Stanislava (advisor) ; Dědič, Jan (referee) ; Josková, Lucie (referee)
1 Název, abstrakt a klíčová slova v anglickém jazyce Classes of Shares in Limited Liability Companies Abstract The Business Corporations Act has brought a number of innovations to Czech company law and has also opened up questions that almost no-one raised while the previous legal regulation was effective. Although many institutes already existed under the Civil Code of 1964 and the Commercial Code, the practice did not use the possibilities provided by the old regulation. Indeed, even the legal doctrine did not address many issues. One of these institutes is the institute of classes of shares. The dissertation is devoted to the creation of different classes of shares. The main research methods used when drafting this dissertation were selective literature research and analytical method, including comparative analysis. The method of abstraction and synthesis of acquired pieces of knowledge was used for generalizing the conclusions of the research goal. As regards the interpretation methods, a grammatical, logical, systematic, historical, teleological and comparative interpretation was used. Especially German, but also Austrian and Swiss laws were taken into account in the comparison and Anglo-American law in the passage concerning preference shares. The main research goal of the thesis was to analyse the...
Comparison of shareholder taxation from the sale of a share and of a business enterprise in a limited liability company
Páleníček, Adam ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
99 Comparison of shareholder taxation from the sale of a share and of a business enterprise in a limited liability company Abstract This diploma thesis analyses and compares alternatives for the sale of a stake in a limited liability company and the sale of a business enterprise with or without the distribution of the proceeds from that sale, in particular pertaining to the taxation of the owner of a stake in a limited liability company. The thesis is divided into an introduction, four main chapters, and a final chapter. The first chapter defines the key terms of a limited liability company, share and business enterprise, as well as issues related to the sale of a share and a business enterprise. Both institutes are distinguished. Furthermore, the key terms of tax law are defined, especially the definition of the construction elements of tax, which form the basis for analysis in the second and third chapters. Finally, the issue of tax optimisation and its differentiation from tax evasion in relation to the shareholder is defined. The second and third chapters separately focus on the analysis of alternatives. The second chapter analyses the first alternative of selling a stake. The third chapter analyses the second alternative of selling a business enterprise together with the possible distribution of the...

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