Capital market is an important part of the economy. Its development undoubtedly influences efficiency of the economy and thus the overall development of the country. This master thesis analyze the process of initial public offering ("IPO") in the Czech Republic, because I believe that IPO can significantly help to develop capital market and thus the entire economy. I analyze the IPO process in terms of the main factors that affect the value of issued shares and through it the basic objective of the joint-stock company in IPO, to maximize equity gained from the process of going public. The analysis shows that significant weaknesses in the Czech regulation have been removed and the IPO process is regulated on the same level and in the same extend as in other EU countries. However, IPO remains an option that many companies do not involve in their strategic planning because of its complexity and high costs. Thorough preparation and analysis of legal options of how to go public in the legal environment can maximize profits from the issue and, moreover, it contributes to achieving higher long-term profits.

State-owned enterprises (SOES) exist in South Africa to drive economic development and improve service delivery to the large population. In order for SOES to achieve their mandates, as set out by government through their shareholding department, financial assistance by the state is imperative. In the case of the monopolistic power utility, Eskom, the South African government (SAGO) has 100% ownership which is managed through the Department of Public Enterprises (DPE). This total ownership by the state means that government is responsible in ensuring that the utility is operational and supported financially. The current study was aimed at evaluating the financial assistance received by SOEs in South Africa by the state with specific focus on Eskom. Eskom was selected from the eight SOES managed by the DPE for the purpose of focusing the research. The focus of the study was on the financial assistance to SOES in South Africa by the state. In 2008, Eskom received funding from different sources through loan intervention of the South African government. The loan and guarantees made available to Eskom by government, enabled the SOE to achieve a positive credit rating. Data for this research was primarily collected through academic journals, books, Acts, White Papers, legislation and personal interviews at the National Treasury (NT). The recommendation that this research states relates to the need for a single policy document on state financial assistance to SOES in South Africa. / Public Administration and Management / M. Admin. (Public Administration)

The concept of Sustainable Forest Management (SFM) has been promoted in the past few decades all over the world. Non-industrial private forest (NIPF) owners play an important role in that aspect in the U.S. because of their number (about 16 millions), the size of forest land under their control (about half of all forest land in the continental US), and the dynamism of their population (increasing number of new owners). This study sought to better understand how NIPF owners come to a decision for adoption (or non-adoption) of SFM practices. We developed a theoretical model combining four theories (the Value-Belief-Norm theory, the Theory of Planned Behavior, the Elaboration Likelihood Model, and the Innovation-Diffusion Process) to explain NIPF's decision making. Using multivariate analyses, we determined which elements of the developed theoretical model were significant in explaining adoption of eight groups of practices. Overall, some of the most significant predictors of adoption we identified were technical assistance, motivations for owning land and the use of a written management plan. Particular attention was also directed toward the eventual relationship between education and adoption of SFM practices and it was found that NIPF owners who attended educational programs tended to be likely adopters compared to those who did not attend any educational program. Since SFM was not limited to the US, we also analyzed the concept of SFM with the same goals as in the US, but under a completely different context (socio-cultural, economic and ecologic) in Africa, through the community-based natural resource management (CBNRM) system. We used four case studies and focused on criteria such as participation, equity (both procedural and distributive, power devolution, trust, etc) to analyze how CBNRM works on the field, what lessons to take from the cases to better ensure the goal of sustainability of the resources. / Ph. D.

The Companies Act of 71 of 2008 makes a number of important changes to the rules relating to capital maintenance. In line with the objectives of the Companies Act of 71 of 2008, section 44 of the Act has removed the prohibition on the provision of financial assistance by a company which was contained under the previous section 38 of the Companies Act 61 of 1973. Despite the repeal of the prohibition, a transaction which involves the provision of financial assistance by a company for the acquisition of or subscription of its own securities still needs to be effected in accordance with the requirements and conditions that are provided under the Act and Memorandum of Incorporation. To explore the new developments, within this study, the provision of financial assistance in terms of section 44 of the Companies Act of 2008 is, therefore, analysed in detail. On the other hand, the UK Companies Act of 2006 repealed the prohibition on the giving of financial assistance by private companies in most circumstances. It, however, retained the prohibition to public companies only because of the requirements of the Second Company Law Directive (77/91/EEC). This study also explores the rules of financial assistance by a company under the UK Companies Acts in detail. Though the source of financial assistance by a company both in South Africa and in English Company laws is rooted in the English decision of the Trevor v Whitworth case, currently these countries have adopted what is deemed appropriate and significant in their own countries. This study, therefore, examines and compares the rules governing the provision of financial assistance by a company in the company laws of these two countries. / Mercantile Law / LL.M. (Commercial law)

Thesis (MDF)--University of Stellenbosch, 2011. / In many developing countries, culture and tradition have contributed to the disempowerment of women. In these countries, a women's time is divided between the reproductive role of creating a family, the productive role of feeding the family, and balancing all the demands. This has resulted in 1) higher unemployment rate for women than men in virtually every developing country as reported by the World Bank gender statistics database, and 2) women having low self-confidence and self-esteem. Furthermore, when living outside their country with little or almost nothing, refugee women live in camps, temporary shelters, collective centres or rent a house in a host country where they compete with the local populations for property as well as natural and social resources, while being excluded from some of the basic rights through restrictive regulations imposed by the host country. Building upon the widely known facts that women more likely reinvest their earnings in a business and their families and spend more of their extra income on things that help develop human capital, better sanitation, better nutrition and also better health care and education, this study addresses the application of microfinance with the objective of empowering Congolese refugee women in the Western Cape in South Africa. The theoretical contributions of this study are twofold. Firstly, an analysis of the situation of the Congolese refugee women is presented in terms of their predicaments and opportunities in SA, using a survey. Secondly, building upon the conclusions of this survey, a support and empowerment microfinance approach adapted to the Congolese refugee women community is derived. As practical contribution, this study proposes the development of a business model that will cater for Congolese women refugees and its implementation through the creation of a non-governmental organisation in the Western Cape.

The Companies Act of 71 of 2008 makes a number of important changes to the rules relating to capital maintenance. In line with the objectives of the Companies Act of 71 of 2008, section 44 of the Act has removed the prohibition on the provision of financial assistance by a company which was contained under the previous section 38 of the Companies Act 61 of 1973. Despite the repeal of the prohibition, a transaction which involves the provision of financial assistance by a company for the acquisition of or subscription of its own securities still needs to be effected in accordance with the requirements and conditions that are provided under the Act and Memorandum of Incorporation. To explore the new developments, within this study, the provision of financial assistance in terms of section 44 of the Companies Act of 2008 is, therefore, analysed in detail. On the other hand, the UK Companies Act of 2006 repealed the prohibition on the giving of financial assistance by private companies in most circumstances. It, however, retained the prohibition to public companies only because of the requirements of the Second Company Law Directive (77/91/EEC). This study also explores the rules of financial assistance by a company under the UK Companies Acts in detail. Though the source of financial assistance by a company both in South Africa and in English Company laws is rooted in the English decision of the Trevor v Whitworth case, currently these countries have adopted what is deemed appropriate and significant in their own countries. This study, therefore, examines and compares the rules governing the provision of financial assistance by a company in the company laws of these two countries. / Mercantile Law / LL.M. (Commercial law)

En tant qu'acteur économique et politique sur la scène internationale, l’Union Européenne (UE) œuvre pour ses valeurs et ses intérêts à travers divers instruments. L'UE avec ses institutions est le deuxième plus grand bailleur de fonds en matière d’aide au développement aux pays tiers. Depuis 2000 dans un contexte des reformes pour le développement et l’aide, l’UE affirme son action extérieure, tout en augmentant son aide. En proposant une vision synthétique avec une approche interdisciplinaire et systémique, cette thèse dresse les évolutions et procède à un bilan de l’aide de l’UE à l’Ukraine pour la période 1991-2015. Dans cette optique, l’aide est examinée dans son ensemble, incluant l’aide au développement à >3.9Mrd € et l’aide économique à >8,47Mrd €. Le cadre politique (Politique européenne de voisinage) et contractuel pour la coopération UE-Ukraine définissent principalement les évolutions de l’aide. Dans une moindre mesure, les reformes du cadre pour le développement et l’efficacité de l’aide, ainsi que la politique économique de l’UE influencent ces évolutions, essentiellement en termes des modalités de l’aide. Cette analyse aide à la compréhension des perspectives de l’aide de l’UE à l’Ukraine en démontrant que celles-ci se présentent dans un recours accru aux financements innovants (mixage prêt-don) et sont indissociables de l’utilisation plus efficace des ressources budgétaires restreintes. Au-delà des financements, l’UE pourrait renforcer la coopération avec la BEI en augmentant le plafond du Mandat de Prêt Extérieur et en assouplissant les conditions des prêts sous-souverains et améliorer la coordination des donateurs en Ukraine via un mécanisme ad hoc. / As an economic and political actor on the international scene, the European Union (EU) promotes its values and interests through various instruments. The EU with its institutions is the second largest donor of development aid to third countries. Since 2000 in the context of development and aid reforms, the EU has been affirming its external action while increasing its aid.By proposing a synthetic vision with an interdisciplinary and systemic approach, this thesis draws up the evolutions of and reviews the EU aid to Ukraine for the period 1991-2015. In this perspective, the EU aid is examined as a whole, including development aid above € 3,9bn and economic aid above € 8,47bn. The political (European Neighborhood Policy) and contractual framework for the EU-Ukraine cooperation mainly define aid developments. To a lesser extent, the reforms of the framework for development and aid effectiveness, as well as the EU's economic policy influence these developments, essentially in terms of aid modalities.This analysis furthers the understanding of the prospects for the EU aid to Ukraine by demonstrating that these are part of an increased use of innovative financing (blending loan-grant) and are inseparable from more effective use of the limited budgetary resources. Beyond financing, the EU could strengthen cooperation with the EIB by increasing the ceiling of the External Lending Mandate and by easing the terms of sub-sovereign lending and improve donor coordination in Ukraine through an ad hoc mechanism.

This dissertation looks at selected matters covered by the statutory provisions on the shareholders protection as set out in the Commercial Code. It focuses mainly on the matters contained in Section 196a of the Commercial Code, Section 193 (2) of the Commercial Code, and on the issue of financial assistance. In addition, this dissertation deals with the legal protection of shareholders under the Business Corporations Act which is to take effect on 1 January 2014, and provides a brief outline of how these matters are regulated under certain foreign laws. As well, it provides a comparison with the legal regulations of the European Union. This dissertation is comprised of three sections, each having several parts. The parts are further divided into articles. Section 1 analyses the statutory provisions on the protection of shareholders as given in the Commercial Code, and is divided into four parts. The introduction, given in Part I, focuses on the protection of shareholders under the Commercial Code in the general sense. The remaining three parts concentrate on the above said selected statutory provisions. In each of those three parts, I attempt to discuss the key purpose of the provisions, describe how they developed including respective amendment (novelizations) of the Commercial Code and, in this context,...