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Central securities depository
Skalný, Jan ; Seknička, Pavel (advisor) ; Dupáková, Lenka (referee)
Central securities depository Abstract The topic of this diploma thesis is the person of a central securities depository, with a specific focus on its legal regulation. In relation to this topic, two main areas are accentuated - on the one hand, the authorisation procedure of a central securities depository and, on the other hand, its subsequent functioning. The aim of the paper is to comprehensively cover all relevant aspects of the legislation, to reflect on its suitability, assess its necessity, analyse its current issues, and also present its potential future direction. The thesis contains an introduction, five systematically segmented chapters and a conclusion. The first chapter serves as an obligatory introduction to the subject and at first deals with the definition of the financial and capital market. In the second subchapter of this chapter, a brief introduction to the central securities depository and a description of its position within the latter mentioned market takes place. This chapter is then concluded by a segment concerning supervision and its genesis in the Czech Republic. The second chapter tackles the procedure for the authorisation to operate a central securities depository, analysing both the already repealed domestic legislation and the regulation coming from the representatives of...
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Uncertificated securities in financial law
Matyášová, Eva
This thesis deals with the phenomenon of the uncertificated securities in the context of financial law. Proper and prudential legal regulation of the securities is considered to be key element of efficient financial markets of which the importance for the economics is systematically growing in past few decades. From the beginning, financial markets were dominated by certificated securities represented by legal fiction incorporating rights arising from the security into a certificate and considering this certificate as a tangible movable asset. In the consequence of the development of financial markets and securities trading uncertificated securities were developed to make transfers of the securities and asset management feasible. Uncertificated securities can be defined as substitutable physical securities incorporating private rights which are prerequisite for the exercise and transfer of those rights and which are replaced by a record entered in the central register of securities, mainly central securities depositories. The form of the uncertificated securities determines the necessity of their special legal regulation taking into account their legal nature and connected legal aspects of record keeping. The purpose of my thesis is to analyse relevant Czech legislation and highlight both...
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Deposit of Securities and Book-entry Securities Held Through Intermediaries
Dvorský, Václav ; Pauly, Jan (referee)
Deposit of Securities and Book-Entry Securities Held through Intermediaries Abstract The subject of this work is the analysis the deposit (i. e. safe custody) of securities in several Central European legal systems performed in a dogmatic, historical and comparative context. Firstly, the particular types of deposit contracts are introduced. These are a regular (individual), aggregate, mingled and irregular deposit. These types of contracts are discussed in more detail, especially in terms of the rights and obligations of the parties. It is determined who is the owner of the things deposited, the degree of responsibility of each party, the extent of the obligation to restore the deposited thing, etc. Although the types of contracts are analysed primarily in terms of deposit of securities, these are general types of deposit contracts that can be applied much more widely. Therefore overlaps with other legal institutes, such as a storage contract, are also indicated. Then follows an analysis of the historical development of the regulation of deposit of securities from the 19th century to the present, with emphasis on the Central European context, especially the law applicable on the territory of today's Czech Republic. This analysis states that until the beginning of the communist regime, regulations in...
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Registrar of investment instruments in the European and comparative perspective
Mazanec, Luboš ; Karfíková, Marie (advisor) ; Bakeš, Milan (referee) ; Dřevínek, Karel (referee)
Registrar of investment instruments in the European and comparative perspective Abstract The submitted thesis deals with the regulation of a registrar of investment instruments in the context of the relevant Czech and European Union laws. The aim of this dissertation is to provide a theoretical insight into the issues of regulation of investment instruments within the statutory and case law, taking into account current issues that are relevant from the practical point of view. This thesis also adequately addresses the prospects of a legislative development of activities on the European Union level and it reflects some practical trends in the financial markets sector. The first two chapters deal with general and theoretical issues that are closely related to the main topic of the thesis. They specifically focus on a definition of investment instruments and its registrar in the current jurisprudence and economic science, and also include a detailed explanation of the significance of these two subjects. The second chapter also adequately addresses the legal aspects of investment instruments, immobilized securities and book-entry securities in line with the relevant Czech laws. The third chapter provides a detailed legal analysis of relevant laws and regulations of the registrar of investment instruments....
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Uncertificated securities in financial law
Matyášová, Eva ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Karfík, Zdeněk (referee)
This thesis deals with the phenomenon of the uncertificated securities in the context of financial law. Proper and prudential legal regulation of the securities is considered to be key element of efficient financial markets of which the importance for the economics is systematically growing in past few decades. From the beginning, financial markets were dominated by certificated securities represented by legal fiction incorporating rights arising from the security into a certificate and considering this certificate as a tangible movable asset. In the consequence of the development of financial markets and securities trading uncertificated securities were developed to make transfers of the securities and asset management feasible. Uncertificated securities can be defined as substitutable physical securities incorporating private rights which are prerequisite for the exercise and transfer of those rights and which are replaced by a record entered in the central register of securities, mainly central securities depositories. The form of the uncertificated securities determines the necessity of their special legal regulation taking into account their legal nature and connected legal aspects of record keeping. The purpose of my thesis is to analyse relevant Czech legislation and highlight both...
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