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Selected aspects of legal regulation of ultimate beneficial owners registration
Vuová, Huyen ; Patěk, Daniel (advisor) ; Hurychová, Klára (referee)
Selected aspects of legal regulation of ultimate beneficial owners registration This thesis analyses the legal framework of the ultimate beneficial owners registration. The aim of this thesis is to provide an overal evaluation of the main objectives of the regulation and whether it is equipped with appropriate instruments to fulfil these purposes. The core analysis further discusses possible implications of the use of the regulation in related legal areas. The introductory part of the thesis provides a brief excursion into the historical development of the regulation and available law at the international, EU and domestic level in order to identify the goals and motives for the adoption of the regulation. Given how extremely recent the topic is, the first key part of the work involves a deeper analysis of the new regulation, with focus on the definition of the ultimate beneficial owner, their identification and registration. Discussion is led not only in light of the general objectives of the regulation, but also with regard to the specific aspirations set out by the legislators during the adoption of the thereof. The second part of the thesis focuses on the analysis of the position of the regulation within the constitutional order and of its potential conflicts with fundamental rights and freedoms...
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Ascertaining beneficial owners of limited business corporations and the legal consequences of discrepancies in their register
Tocik, Jan ; Černá, Stanislava (advisor) ; Josková, Lucie (referee)
1 Ascertaining beneficial owners of limited business corporations and the legal consequences of discrepancies in their register Abstract The ongoing EU regulatory developments in the area of anti-money laundering and combating the financing of terrorism have brought obligations to identify and register data on beneficial owners of legal persons and legal arrangements. Beneficial owners are, in the most general sense, natural persons who, on a factual or legal basis, directly or indirectly, control a legal person or legal arrangement, own a significant share in it or draw a substantial part of funds from its capital resources. The main purpose and objective of these obligations is to ensure increased transparency of these legal entities so that they cannot be easily exploited for the perpetration of (financial) crime. In order to implement the latest European legislation into the Czech legal system, the Czech legislator adopted (and is currently amending) Act No. 37/2021 Sb., on the Register of Beneficial Owners, which regulates this legal matter in a general and comprehensive manner. The object of this thesis is the analysis of the new statutory regulation and the assessment of whether it is capable of achieving its objective, which is to ensure increased transparency of legal persons, specifically in the...
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Records of actual owners of limited liability companies and joint stock companies
Gnědin, Arťom ; Čech, Petr (advisor) ; Elek, Štefan (referee)
Records of actual owners of limited liability companies and joint stock companies This diploma thesis deals with the records of actual owners of limited liability companies and joint stock companies. The aim of the thesis is to introduce the basics of the institute of records of actual owners and then to discuss its key features and problematic issues associated with it. At the beginning, the thesis outlines the evolution of the institute of records of actual owners, and further evaluates the potential to meet the goals associated with the introduction of the evidence. At the same time, the thesis draws attention to the pitfalls that the records can bring in practice. The thesis also deals with the issues related to the extent of the mandatory information about the actual owner and the issues related to the storage and handling of such information. The thesis leads a discussion to interpret the relevant provisions to keep a balance between the necessary prerequisites for fulfilling the meaning and purpose of the records and the rights of a legal persons. In the following chapters, the thesis focuses on the definition of the actual owner and on the systematization of the ways in which a natural person or group of natural persons can be an actual owner. The thesis interprets the provision defining...
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