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Business management of a limited company
Kaňa, David ; Tomášek, Petr (advisor) ; Hurychová, Klára (referee)
The main purpose of this thesis is to describe and analyze the concept of business management the Czech legislator works with, but does not deal with its definition. For this purpose, case-law and doctrinal contributions are analyzed, including the foreign regulation, which is a suitable addition to interpretation, as the Czech legislator was inspired by it. Partial differences of limited liability and joint-stock companies are also taken into account. At the beginning, the author discusses the content of parts of the work, its purpose and unifies the terms used. In the first part, the author describes the positive and negative definition of the concept of business management. Judicial and doctrinal sources desrcibe this as a regular decision-making activity about the company's business activities, affecting the daily operation of the business establishment. On the contrary, they conclude that business management does not include, for example, strategic management. The author also does not consider bookkeeping to be part of business management. The second part deals with business management decisions. The competence of decision- making bodies regarding business management is described, dealing with a limited liability company and a joint-stock company seperately. Also the differences between...
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Single management and instructions in the group of companies
Mach, Ota ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
The main purpose of this thesis is an introduction to the new Czech group law with special emphasis on the right to give instructions to the dependent entity. The whole thesis is based on the deliberation, if the legislator succeeded in finding an adequate balance between the looser French attitude and the German regulation, which is primarily based on the protection of minority shareholders and creditors. The first chapter of the thesis is focused on the term "single management" and describes its main features - group interest, single policy and coordination and conceptual management. Moreover, the importance and form of declaration of a group is examined. A declaration of a group is a formal requirement that enables using advantages such as specific way to settle damage within the group. Following chapters are dedicated to the terms "instruction" and "management of business". It is generally forbidden by law to give instructions regarding the management of business with the exception of group instructions. The thesis explains in detail what is meant by management of business using elaboration in judicial decisions of Czech courts. Other ways how to impose influence (other than giving a direct instruction) are described as well. Particular attention is paid to the personnel changes in the bodies...
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Enforcement of the dominant entity's influence in the concern and its consequences
Janků, Eva ; Černá, Stanislava (advisor) ; Tomášek, Petr (referee)
Enforcement of the dominant entity's influence in the concern and its consequences Abstract The purpose of this rigorous thesis is to give insight into the internal functioning of the corporate groups, especially in connection with enforcement of the influence of the dominant entity in the concern, to analyse the tools of enforcing the influence of the dominant entity, assess their efficiency and set their limits with emphasis on the Czech legislation. In modern society, the enforcement of the influence on the controlled entities has inevitably legal consequences, which are manifested by the liabilities of the controlling entity and members of elected bodies, especially in relation to potentially caused harm to the controlled entity. Therefore, the attention is paid also to the consequences associated with the enforcement of the influence of the controlling entity. The aim of the thesis is presented at the beginning, the following part of the thesis provides a brief general insight into the issue of concerns being a type of groups of companies. The third chapter looks at the single management, which is a defining feature of the concern and within which the influence of the dominant entity is enforced and describes features of the single management. The next section analyses in detail the tools, that...
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Single management and instructions in the group of companies
Mach, Ota ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
The main purpose of this thesis is an introduction to the new Czech group law with special emphasis on the right to give instructions to the dependent entity. The whole thesis is based on the deliberation, if the legislator succeeded in finding an adequate balance between the looser French attitude and the German regulation, which is primarily based on the protection of minority shareholders and creditors. The first chapter of the thesis is focused on the term "single management" and describes its main features - group interest, single policy and coordination and conceptual management. Moreover, the importance and form of declaration of a group is examined. A declaration of a group is a formal requirement that enables using advantages such as specific way to settle damage within the group. Following chapters are dedicated to the terms "instruction" and "management of business". It is generally forbidden by law to give instructions regarding the management of business with the exception of group instructions. The thesis explains in detail what is meant by management of business using elaboration in judicial decisions of Czech courts. Other ways how to impose influence (other than giving a direct instruction) are described as well. Particular attention is paid to the personnel changes in the bodies...
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