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The rights and duties of members of a limited company in liquidation
Brendlová, Eliška ; Josková, Lucie (advisor) ; Černá, Stanislava (referee)
The diploma thesis deals with the change in the content of some rights and duties of members of limited companies after the company enters into liquidation. The legal regulation of liquidation is generally not sufficiently represented in the current legal regulations and its interpretation is not always clear. Also, court decisions and conclusions of legal theory regarding the liquidation of capital companies, which would help to clarify some controversial areas, are not very common at present. In the case of a more specific issue of the rights and duties of members after the company's entry into liquidation, the situation is even more unclear. Although liquidation legislation is generally considered to be successful, it contains a large number of ambiguities which cause problems in its interpretation. The aim of this work is to objectively analyze the individual selected rights and duties of the members of the liquidated limited company, the content of which is internally changed due to the company's entry into liquidation, to point out these content changes and draw attention to any problems or ambiguities that may arise. Furthermore, the aim of this work is to try to find solutions to the above problems and ambiguities. Apart from the introduction and conclusion, the work itself consists of...
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Protection of creditors in the process of liquidation of a company
Moc, Jakub ; Josková, Lucie (advisor) ; Čech, Petr (referee)
in English The thesis deals with the protection of creditors during the liquidation of a company, under the new legislation, effective since 1st January 2014. Although the previous legislation was considered accurate and to a large extent has been adopted in the current regulation, there are some differences to the benefit and detriment of creditor protection, which I highlight in each chapter. The aim of my thesis is to analyze the most important elements of protecting creditors in the liquidation process and after its completion, gradually from the general, to those that provide protection to the creditors of the specific claims, such protection evaluate and highlight possible problems that can endanger the satisfaction of creditor or make it completely impossible. Outside the introduction and conclusion, this thesis consists of three logically consecutive chapters, viewed from the perspective of the protection of creditors. The initial chapter has essentially definitional character needed to determine the scope of my work and therefore is as brief as possible. The first chapter deals with the term creditor, as a concept, defining the group of persons, on whose protection I am focused in my thesis and with the concept of liquidation process as a term for the cancellation of a company without...
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Legal regulations of liquidation of a company
Sadílek, Jan ; Zahradníčková, Marie (advisor) ; Josková, Lucie (referee)
Diploma thesis: Legal regulations of liquidation of a company Diploma candidate: Ing. Jan Sadílek Supervisor: JUDr. Marie Zahradníčková, CSc. Date: 22. 3. 2015 Abstrakt This thesis deals with the legal regulation of liquidation of a company in the context of the new legislation, which is effective from 1st January 2014. The previous legal regulation of liquidation was considered successful and was largely taken. The aim of this thesis is to describe the process of liquidation in the new legislation, subsequently find differences in both regulations and explain them, and finally remove interpretative ambiguities. The thesis consists, besides introduction and conclusion, of the five chapters. The first chapter deals with the legislation of liquidation, especially its development, which culminated in the adoption of the new Civil Code no. 89/2012 Coll. and the Business Corporations Act no. 90/2012 Coll. Dissolution of a company is a prerequisite of liquidation, except cases of court declaration of its invalidity. Hence the next chapter discusses ways of dissolution of a company, which include legal proceedings, public authority's decision, expiration term, and purpose achievement. The third chapter deals with the very purpose and process of the liquidation, as well as with monetization followed by separation...
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Protection of creditors in the process of liquidation of a company
Moc, Jakub ; Josková, Lucie (advisor) ; Čech, Petr (referee)
in English The thesis deals with the protection of creditors during the liquidation of a company, under the new legislation, effective since 1st January 2014. Although the previous legislation was considered accurate and to a large extent has been adopted in the current regulation, there are some differences to the benefit and detriment of creditor protection, which I highlight in each chapter. The aim of my thesis is to analyze the most important elements of protecting creditors in the liquidation process and after its completion, gradually from the general, to those that provide protection to the creditors of the specific claims, such protection evaluate and highlight possible problems that can endanger the satisfaction of creditor or make it completely impossible. Outside the introduction and conclusion, this thesis consists of three logically consecutive chapters, viewed from the perspective of the protection of creditors. The initial chapter has essentially definitional character needed to determine the scope of my work and therefore is as brief as possible. The first chapter deals with the term creditor, as a concept, defining the group of persons, on whose protection I am focused in my thesis and with the concept of liquidation process as a term for the cancellation of a company without...
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Legal regulations of liquidation of a company
Sadílek, Jan ; Zahradníčková, Marie (advisor) ; Josková, Lucie (referee)
Diploma thesis: Legal regulations of liquidation of a company Diploma candidate: Ing. Jan Sadílek Supervisor: JUDr. Marie Zahradníčková, CSc. Date: 22. 3. 2015 Abstrakt This thesis deals with the legal regulation of liquidation of a company in the context of the new legislation, which is effective from 1st January 2014. The previous legal regulation of liquidation was considered successful and was largely taken. The aim of this thesis is to describe the process of liquidation in the new legislation, subsequently find differences in both regulations and explain them, and finally remove interpretative ambiguities. The thesis consists, besides introduction and conclusion, of the five chapters. The first chapter deals with the legislation of liquidation, especially its development, which culminated in the adoption of the new Civil Code no. 89/2012 Coll. and the Business Corporations Act no. 90/2012 Coll. Dissolution of a company is a prerequisite of liquidation, except cases of court declaration of its invalidity. Hence the next chapter discusses ways of dissolution of a company, which include legal proceedings, public authority's decision, expiration term, and purpose achievement. The third chapter deals with the very purpose and process of the liquidation, as well as with monetization followed by separation...
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The liquidator in the process of liquidation of a company
Sniehotta, Michal ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
1 The Liquidator in the Process of Liquidation of a Company Abstract The diploma thesis deals with the issue of general legal regulation of liquidation of a company, above all with a focus on the liquidator's legal status and his particular actions within the liquidation process. The thesis follows a hypothesis that the analyzed legal regulation of liquidation of a business company embedded in the Commercial Code is good and well-elaborate. The objective of the thesis is to critically test thus formulated hypothesis on the basis of comprehensive delimitation, analysis and evaluation of qualities of general liquidation rules. Attention is focused mainly on legal issues related to the actual liquidator's position, for instance on the issue of qualification for the function of a liquidator or the issue of appointment and dismissal of a liquidator by the court. The study builds chiefly on the method of description and critical analysis of relevant legal provisions and secondary sources. The obtained theoretical knowledge is then generalized into more general conclusions using a synthetic method. Aside from the introduction the actual thesis comprises four chapters, out of which the first three in particular are rather theoretical, whereas the fourth chapter provides a more practical view of description of the...
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Legal regulation of liquidation of business company
Jonák, Michal ; Zahradníčková, Marie (advisor) ; Štenglová, Ivanka (referee)
1 LEGAL REGULATIONS OF LIQUIDATION OF A BUSINESS COMPANY ABSTRACT The liquidation of a business company is a legally regulated process of settling the assets of this company out of court, unless the company has not a general legal successor. If the company is going into liquidation, the active commercial activity of this company shall be stopped. All of the activities aim to finish the business of the liquidated company and to find and to settle its property. The liquidation of a business company in the law of The Czech Republic is regulated in the Act No. 513/1991 Coll., The Commercial Code, as amended. The liquidation means a lot of legal and economic problems. This work is centred only on the legal aspects of the liquidation. It is necessary in case of liquidation to distinguish between two terms: dissolution and ending of a business company. A company enters into the process of liquidation as of the day of its dissolution. In this context is necessary to file a motion for entry the liquidation into the Commercial register. A company have to use the addendum "in liquidation", during a liquidation. The liquidation is finished by selling the property of the liquidated company and by settlement of its liabilities. After finishing the liquidation, the liquidator files a motion for deletion of the company...
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Liquidation of business companies without a legal successor
Remeš, Vojtěch ; Randáková, Monika (advisor)
This bachelor thesis deals with the issue of liquidation of business companies in the Czech Republic as a process leading to closure of business and dissolution of a company. The thesis comes up with characteristics of the liquidation process focusing especially on accounting as well as legal and tax aspects of the process. Basic accounting scenarios are shown on practical examples of a fictive company in liquidation.
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Winding up of a commercial company
Dobešová, Michaela ; Kalinová, Miluše (advisor) ; Žák, Květoslav (referee)
My thesis focuses on winding up of a commercial company with liquidation. It consists of two parts -- theoretical (chapters 2 to 5) and practical (chapter 6). In the theoretical part I start with introduction into the issue (legal background, basic concepts) and then I write about the reasons for winding up of a commercial company. Furthermore I focus on liquidation, the company liquidator and the liquidation process itself. I also briefly mention the procedure in case of winding up of an insolvent company. In the practical part I show on an example of a particular commercial company how would its liquidation look like. We can see what steps the associates and the liquidator have to take between the decision about winding up of the company and its erasure from the Companies register.
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