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Self-Dealing within a Joint-Stock Company and a Limited Liability Company
Pástor, Martin ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Self-Dealing within a Joint-Stock Company and a Limited Liability Company Martin Pástor The main aim of this thesis is to analyze the regulation of self-dealing in Czech law with a brief regard to theoretical fundamentals that influence the legal approach to such regulation and further to compare it with Slovak regulation of self-dealing and the future regulation of self-dealing after the recodification of private law in the Czech Republic. The regulation of self-dealing is provided for in section 196a of the Commercial Code. This highly controversial provision causes many interpretation difficulties and strongly influences the legal certainty of entrepreneurs and non- entrepreneurs in the Czech Republic. As I mention in the introduction of this thesis, the legislator incorporated this provision into the Commercial Code due to negative experience of Czech society with so-called tunneling after the change of regime to capitalistic and with an intent to regulate transactions with conflicts of interests, in particular transactions carried out between a corporation and related persons. The second chapter briefly describes the agency problems, meaning the conflicts arising among particular persons involved in a corporation, problems of which are the theoretical foundation of self-dealing regulations....
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Selected matters covered by statutory provisions on shareholders protection as set out in the commercial code
Pokorná, Veronika ; Štenglová, Ivanka (advisor) ; Dvořák, Tomáš (referee) ; Macek, Jiří (referee)
This dissertation looks at selected matters covered by the statutory provisions on the shareholders protection as set out in the Commercial Code. It focuses mainly on the matters contained in Section 196a of the Commercial Code, Section 193 (2) of the Commercial Code, and on the issue of financial assistance. In addition, this dissertation deals with the legal protection of shareholders under the Business Corporations Act which is to take effect on 1 January 2014, and provides a brief outline of how these matters are regulated under certain foreign laws. As well, it provides a comparison with the legal regulations of the European Union. This dissertation is comprised of three sections, each having several parts. The parts are further divided into articles. Section 1 analyses the statutory provisions on the protection of shareholders as given in the Commercial Code, and is divided into four parts. The introduction, given in Part I, focuses on the protection of shareholders under the Commercial Code in the general sense. The remaining three parts concentrate on the above said selected statutory provisions. In each of those three parts, I attempt to discuss the key purpose of the provisions, describe how they developed including respective amendment (novelizations) of the Commercial Code and, in this context,...
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Selected matters covered by statutory provisions on shareholders protection as set out in the commercial code
Pokorná, Veronika ; Štenglová, Ivanka (advisor) ; Dvořák, Tomáš (referee) ; Macek, Jiří (referee)
This dissertation looks at selected matters covered by the statutory provisions on the shareholders protection as set out in the Commercial Code. It focuses mainly on the matters contained in Section 196a of the Commercial Code, Section 193 (2) of the Commercial Code, and on the issue of financial assistance. In addition, this dissertation deals with the legal protection of shareholders under the Business Corporations Act which is to take effect on 1 January 2014, and provides a brief outline of how these matters are regulated under certain foreign laws. As well, it provides a comparison with the legal regulations of the European Union. This dissertation is comprised of three sections, each having several parts. The parts are further divided into articles. Section 1 analyses the statutory provisions on the protection of shareholders as given in the Commercial Code, and is divided into four parts. The introduction, given in Part I, focuses on the protection of shareholders under the Commercial Code in the general sense. The remaining three parts concentrate on the above said selected statutory provisions. In each of those three parts, I attempt to discuss the key purpose of the provisions, describe how they developed including respective amendment (novelizations) of the Commercial Code and, in this context,...
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Self-Dealing within a Joint-Stock Company and a Limited Liability Company
Pástor, Martin ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Self-Dealing within a Joint-Stock Company and a Limited Liability Company Martin Pástor The main aim of this thesis is to analyze the regulation of self-dealing in Czech law with a brief regard to theoretical fundamentals that influence the legal approach to such regulation and further to compare it with Slovak regulation of self-dealing and the future regulation of self-dealing after the recodification of private law in the Czech Republic. The regulation of self-dealing is provided for in section 196a of the Commercial Code. This highly controversial provision causes many interpretation difficulties and strongly influences the legal certainty of entrepreneurs and non- entrepreneurs in the Czech Republic. As I mention in the introduction of this thesis, the legislator incorporated this provision into the Commercial Code due to negative experience of Czech society with so-called tunneling after the change of regime to capitalistic and with an intent to regulate transactions with conflicts of interests, in particular transactions carried out between a corporation and related persons. The second chapter briefly describes the agency problems, meaning the conflicts arising among particular persons involved in a corporation, problems of which are the theoretical foundation of self-dealing regulations....
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