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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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Contracting autonomy in construction of classes of shares and its limits
Kristanová, Lenka ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The theme of this diploma thesis is "Contracting autonomy in construction of classes of shares and its limits". Its aim is to answer the question to what extent is the contracting autonomy of shareholders limited, when it comes to construction of classes of shares. The answer is being found by means of a negative analysis that lists both statutory and case-law based limits that restrict that autonomy. It also presents legal consequences, from which suffer those classes of special shares that collide with the statutory provisions and the constructions of rights that are questionable or vague. This diploma thesis comprises of two chapters. Whereas the first one deals with the contracting autonomy in construction of classes of shares and its limits in Czech law, the second one do likewise in German law. The first chapter is divided into two sections. The first part describes a security and shares in general trying to bring out those of their specifics that are subject of further discussion of limits of the contracting autonomy in construction of classes of shares and particular classes of shares. The second section of the first chapter has two subsections. The first one addresses statutory and case-law based limits, which restrict the contracting autonomy of shareholders in construction of special...
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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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Contracting autonomy in construction of classes of shares and its limits
Kristanová, Lenka ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The theme of this diploma thesis is "Contracting autonomy in construction of classes of shares and its limits". Its aim is to answer the question to what extent is the contracting autonomy of shareholders limited, when it comes to construction of classes of shares. The answer is being found by means of a negative analysis that lists both statutory and case-law based limits that restrict that autonomy. It also presents legal consequences, from which suffer those classes of special shares that collide with the statutory provisions and the constructions of rights that are questionable or vague. This diploma thesis comprises of two chapters. Whereas the first one deals with the contracting autonomy in construction of classes of shares and its limits in Czech law, the second one do likewise in German law. The first chapter is divided into two sections. The first part describes a security and shares in general trying to bring out those of their specifics that are subject of further discussion of limits of the contracting autonomy in construction of classes of shares and particular classes of shares. The second section of the first chapter has two subsections. The first one addresses statutory and case-law based limits, which restrict the contracting autonomy of shareholders in construction of special...
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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 of Shareholders in the Joint-stock Company
Čížková, Jana ; Kříž, Radim (advisor) ; Hásová, Jiřina (referee)
Bachelor thesis deals with the rights of shareholders in the joint-stock company in the current and future legislation, effective from 1. 1. 2014. The rights are divided into 4 groups. The first group of the rights focuses on the rights connected with the shareholders position in the company and with demands for information, which are in connection with participating in the management of the company. Other sections deal with rights that are closely related to the participation in the general meeting and entitled to a share on liquidation and profit. The work also deals with the rights of minority shareholders, who have in the company a specific position and rights. The paper uses the business and a new civil code and the law on trade corporations.
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