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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...
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