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Economic Impacts of Winding Up a Company with Liquidation
Švandová, Kateřina ; Kramolišová, Eva (referee) ; Pernica, Martin (advisor)
The thesis deals with legislative aspects of the abolition of corporate insolvency and dealing with the expression of the economic consequences arising from the demise of the organization to key stakeholders (employees, state, creditors). The theoretical part deals with basic concepts related to corporate, legal forms of business characteristics, causes and forms of dissolution and its subsequent liquidation process. The practical part focuses on the company, joint stock company, which is in liquidation and the economic consequences arising from the termination of the business activities of this company for state employees and creditors of the organization.
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eGovernment: Processing of Information on Public Procurement
Bikár, Robert ; Trchalík, Roman (referee) ; Očenášek, Pavel (advisor)
This bachelor thesis deals with design and implementation of web application that downloads and visualizes data from publicly accessible registers. Acquired data are processed by XML parser and transformed into object representation. Application that was created is usable for searching natural persons, economic units, public procurements and also for displaying relations among those subjects.
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Change of the Legal Form of Business
Vrbová, Alžběta ; Anna, Politzerová (referee) ; Svirák, Pavel (advisor)
The aim of this work is to establish a favorable form of business for 2 individuals in business under other than a business license, they want to start a business together as a legal entity. The paper describes the business conditions of these people, the characteristics of the legal forms of business, evaluating the best options and legal forms of business process change in the legal form of business.
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Tax and Legal Implications of Cross-Border Mergers of Companies
Mikulová, Monika ; Vonková, Soňa (referee) ; Kopřiva, Jan (advisor)
This master thesis deals with the characteristics of cross-border mergers, particularly from a legal and tax perspective. The first part defines the basic concepts and legislation, which is related to the cross-border mergers. The second part deals with the analysis of cross-border mergers, in which participated Czech companies. The third part treats the selected states in terms of tax systems. From analyzed states is chosen the most profitable tax system for Czech companies considering cross-border merger.
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Material Publicity of Commercial Register
Hloušková, Alexandra ; Eichlerová, Kateřina (advisor) ; Hurychová, Klára (referee)
Material Publicity of Commercial Register Abstract The subject of the diploma thesis is the principle of material publicity applicable to persons registered in the commercial register and their obligations resulting from the registration in the Commercial Register to the liable persons within the entrepreneur. The legal regulation of material publicity has changed over time and is now regulated by Act No. 304/2013 on public registers of legal entities and natural persons, which stipulates it for all public registers. The aim of the thesis is to find out if the current legal regulation is sufficient to oblige entrepreneurs in actions made on the basis of incorrect registration in the Commercial Register. In the analytical parts of the thesis, a descriptive method was used, when the interpretation of domestic law was compared with the interpretation of Slovak and German law. Furthermore, the existing legislation was compared with the Czech jurisprudence, which interprets this legislation. On the basis of such comparisons in chapters 2. Contradiction of the record with reality and 3. Contradiction of the record are defined expert opinions on the obligation of the given area towards the obliged persons within the entrepreneur. The thesis is divided into four parts. The first one aims to clarify the concept of...
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Proceedings in Commercial Register Matters
Baloun, Matěj ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Proceedings in Commercial Register Matters Abstract The topic of this diploma thesis is the proceedings in commercial register matters, i.e. proceedings before civil courts on the entries of legally relevant facts in the commercial register. The commercial register is an important institute, especially for business relations involving entrepreneurs, which ensures the transparency of the entrepreneur through the registration of their relevant information and further makes such information publicly available to third parties. In addition to the option of contacting a notary, it is also possible to achieve the required registration in the commercial register through legal proceedings before the civil (so-called register) courts that decide on them. The ambition of this thesis is to describe, analyse and critically evaluate the existing legal regulation of proceedings in commercial register matters, or the current legal status of its important institutes, as well as to point out controversial issues and outline their possible solutions. Furthermore, the aim is to continuously identify the shortcomings of the existing legislation and to prepare the possibilities of their solution. By carrying out a final comparison of the legislation in the Federal Republic of Germany and pointing out its significant aspects, it...
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Company name and registration of a limited liability company in the commercial register
Krulichová, Michaela ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Company name and registration of a limited liability company in the Commercial Register Abstract This thesis deals with the topic of "company name". It clarifies it's legal basis, formation and the conflict between a company name and a trademark according to Czech law. It consists of three parts which are further structured into three to four chapters. In the first part theoretical foundations of the legal concept "company name" i.e. its legal definition, formation, disposition, and protection are laid down. The second part deals with the procedures for registration of a limited liability company in the light of the current European law developments. Notable amendments have been introduced in the process of registering a limited liability company through a notary. The third part is devoted to the conflict between a company name and a trademark. It provides an impetus for considerations de Lege Ferenda. The apprehension of the legal basis of the subject matter enables to get to the basis of the topic. Emphasis is placed on clarifying controversial issues. The thesis deals with the specific issues of the nature of the rights to the "company name", transfer of property rights to the "company name", the degree of compliance with the requirements of European law, simultaneous exercise of trademark rights and...
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Direct registrations in the Commercial Register by a notary
Šleglová, Kateřina ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
This thesis deals with the direct registrations in the Commercial Register performer by a notary, as an alternative to uncontested court proceedings at the registrar court. Main goal of this thesis is to analyse and assess this method of registering facts in one of the types of public registers through a thorough analysis of all requirements for a registration in the Commercial Register by a notary laid down by relevant legislation, including a comparison of selected aspects of the whole process with partial steps of the register procedure. First of all, the thesis presents a historical excursus describing the development of the position of a notary in relation to the Commercial Register and the growing importance of notary activities, which justifies the legislator's decision to entrust the competence to perform direct registrations in the Commercial Register to the notaries. The following chapters are focused on the current legal regulation of this matter. First, the thesis deals in general with the essence of performing direct registrations by a notary. The following chapters contain the core of the thesis, that is the analysis of all the conditions that need to be fulfilled in order to enable a notary to perform a registration in the Commercial Register, which are namely the existence of a so...
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Share in a private limited company as a security
Zvára, Michael ; Černá, Stanislava (advisor) ; Štenglová, Ivanka (referee) ; Tomsa, Miloš (referee)
The final thesis deals with a share in a private limited company as a security. An introduction chapter is being followed by a chapter describing the historical development of the pledge over a share in a private company limited by shares and the securing ownership transfer on the current territory of the Czech Republic. The next chapter deals with the basic preconditions of a valid pledge contract over share. The transferability of a share, different rules for transfer contract and pledge contract and future pledge contract are being stressed. The new case law of the Supreme Court of the Czech Republic dealing with the pledge contract over shares is discussed. The following chapter inquires the problems regarding the registration of the pledge in the commercial register and protection of the good faith when dealing in trust in the data registered in the commercial register. The right to propose the registration of the pledge to the commercial register is examined. The author compares the protection of the good faith when dealing in trust in the commercial register and the land register in the fourth chapter. The possibility to acquire a pledge on a share from a non-owner and the possible acquisition of a share without any rights of third persons is considered. The possibility of acquisition of the...
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