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The regulation of financial markets - contemporary legal aspects
Špaček, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The subject of this thesis is the evaluation of certain legal aspects of financial markets regulation related especially to dealing activities. Important role plays the context of contemporary period struggling with the consequences of recent financial crisis with the emphasis put on EU (resp. national) regulation. The first part is in general devoted to the meaning of existent regulation itself. Related legislation and institutional layout are subsequently brought closer in context of national and esp. EU environment. Certain point of interest deserves even (american) the most comprehensive financial markets reform ever. The key part of this thesis devotes to public law aspects instantly influencing dealing and trading activities on financial markets and their contrast to reality. The first theme describes categorization of clients entering on financial markets and duties put on subjects involved (counterparties), who conclude ind. deals with them. Then follow rating agencies, who have been influencing daily routine on financial markets for years and whose evaluation activities imminently influence the row of processes present on financial markets - starting from calculation of capital adequacy requirements until settlement of credit derivatives trades. Capital adequacy is put in context with...
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On Supervision of Financial Markets by Czech National Bank
Skácelík, David ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Švarc, Zbyněk (referee)
1 Abstract This work deals with the performance of supervision over the financial market and the entities operating in the financial market. Part of the work is devoted to consumer protection in the financial market and compensation systems. Because of the fact that the Czech Republic became a member of the European Union in 2004, this work includes also legislation of regulation and supervision of this level, as this treatment significantly predetermines Czech adjustment. Following questions were examined as an example of protecting the interests of clients of supervised entities: - whether there are any tools to protect the client's interests at the level of supervised entities, - what kind of role the supervisory authority has or may have in relation between a supervised entity and its client, - how are the client's financial interests protected in the event of failure of the supervised entity and whether this protection is de lege lata sufficient. The theoretical part of the work briefly describes the institute of supervision, its assorting and forms. The authority of supervisor is discussed in the next part together with the regulations under which the supervision is conducted. Owing to the fact that the scope of supervisory activity of the Czech National Bank is quite extensive, and the objective of...
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On Supervision of Financial Markets by Czech National Bank
Skácelík, David ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Švarc, Zbyněk (referee)
1 Abstract This work deals with the performance of supervision over the financial market and the entities operating in the financial market. Part of the work is devoted to consumer protection in the financial market and compensation systems. Because of the fact that the Czech Republic became a member of the European Union in 2004, this work includes also legislation of regulation and supervision of this level, as this treatment significantly predetermines Czech adjustment. Following questions were examined as an example of protecting the interests of clients of supervised entities: - whether there are any tools to protect the client's interests at the level of supervised entities, - what kind of role the supervisory authority has or may have in relation between a supervised entity and its client, - how are the client's financial interests protected in the event of failure of the supervised entity and whether this protection is de lege lata sufficient. The theoretical part of the work briefly describes the institute of supervision, its assorting and forms. The authority of supervisor is discussed in the next part together with the regulations under which the supervision is conducted. Owing to the fact that the scope of supervisory activity of the Czech National Bank is quite extensive, and the objective of...
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|
|
The regulation of financial markets - contemporary legal aspects
Špaček, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The subject of this thesis is the evaluation of certain legal aspects of financial markets regulation related especially to dealing activities. Important role plays the context of contemporary period struggling with the consequences of recent financial crisis with the emphasis put on EU (resp. national) regulation. The first part is in general devoted to the meaning of existent regulation itself. Related legislation and institutional layout are subsequently brought closer in context of national and esp. EU environment. Certain point of interest deserves even (american) the most comprehensive financial markets reform ever. The key part of this thesis devotes to public law aspects instantly influencing dealing and trading activities on financial markets and their contrast to reality. The first theme describes categorization of clients entering on financial markets and duties put on subjects involved (counterparties), who conclude ind. deals with them. Then follow rating agencies, who have been influencing daily routine on financial markets for years and whose evaluation activities imminently influence the row of processes present on financial markets - starting from calculation of capital adequacy requirements until settlement of credit derivatives trades. Capital adequacy is put in context with...
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