Made available in DSpace on 2014-12-17T14:19:52Z (GMT). No. of bitstreams: 1 ShirleneSM.pdf: 2708630 bytes, checksum: 7829599caeadedd081ea1c105c479570 (MD5) Previous issue date: 2008-12-01 / This work aims at investigating the strategies of management used by State School Joaquim Jose de Medeiros, located in the city of Cruzeta - RN, as award practice of "School of Reference in Management", with a state title in 1999 at the beginning of the decade from 2000, being "Outstanding Brazil" from best management strategies nationally. In 2005, it is ranked among the best experiences of the state. It has been become complex by experiencing in that institution, but at the same time an enjoyable practice, mainly by using a social research, in a qualitative and quantitative approach, and a analysis of the institutional performance of two management practices: from 1995 to 2002 and from 2003 to 2007 . To understand the object, a investigative questionnaire was used with representatives of the school community and carried out an analysis of assessment of institutional and documents of institutional organization of the periods above in order to identify management strategies and examine the influences of the share capital, public policies , the institutional evaluation, in the process of democratic construction that has allowed achievements, highlighting Cruzeta, in the Serid? in the state of Rio Grande do Norte, semi-arid northeast, in the national and international juncture of well-successful experiences in management in institutional categories and leadership. This study becomes relevant to allow understand that the cultural practices of seridoenses that symbolize a capital generated by principles of trust, reciprocity, civic culture, as a driving force in overcoming the problems community and the conquest of democratic principles, worked for the school become a national reference in educational administration. Another aspect that made it natural that school was the collective creation of educational project with the participation and civic culture of self-evaluation as a way to understand the institutional practice and establish guidelines to improve the teaching and practice management in its many dimensions educational, social, administrative - financial and legal / O presente trabalho tem como proposi??o fazer um estudo das estrat?gias de gest?o utilizadas pela Escola Estadual Joaquim Jos? de Medeiros, localizada no munic?pio de Cruzeta Rio Grande do Norte, enquanto pr?tica premiada de Escola de Refer?ncia em Gest?o , com um t?tulo estadual no ano de 1999, no in?cio da d?cada de 2000, sendo Destaque Brasil das melhores estrat?gias de gest?o nacional. Em 2005, classifica-se entre as melhores experi?ncias do Estado. Enveredar pelas experi?ncias vivenciadas por essa institui??o torna-se complexo, mas, ao mesmo tempo prazeroso, principalmente por utilizar uma abordagem qualitativa e quantitativa, e uma an?lise do desempenho institucional de duas pr?ticas de gest?o: de 1995 a 2002 e de 2003 a 2007. Para compreens?o do objeto, foi aplicado um question?rio investigativo com representantes da comunidade escolar e realizada uma an?lise da avalia??o institucional e dos documentos de organiza??o institucional dos per?odos supracitados a fim de identificar as estrat?gias de gest?o e averiguar as influ?ncias do capital social, das pol?ticas p?blicas, da avalia??o institucional, no processo de constru??o democr?tica que possibilitou conquistas, destacando Cruzeta, na regi?o do Serid?, no Estado do Rio Grande do Norte, semi-?rido nordestino, na conjuntura nacional e internacional de experi?ncias bem-sucedidas em gest?o nas categorias institucionais e de lideran?a. Este estudo torna-se relevante por permitir compreender que as pr?ticas culturais dos seridoenses que simbolizam um capital social gerado com princ?pios de confian?a, reciprocidade, cultura c?vica, como for?a motriz na supera??o dos problemas comunit?rios e a conquista de princ?pios democr?ticos, colaboraram para que a escola se tornasse uma refer?ncia nacional em gest?o educacional. Outro aspecto que tornaram essa escola singular foi ? constru??o coletiva do projeto pedag?gico com a participa??o c?vica e a cultura de auto-avalia??o como forma de compreender a pr?xis institucional e estabelecer diretrizes para melhorar a pr?tica pedag?gica e a gest?o em suas m?ltiplas dimens?es pedag?gicas, sociopol?ticas, administrativo-financeiras e jur?dicas

The thesis deals with the analysis of equity transactions and comparing the impact of these transactions for accounting and tax purposes. The introduction describes the characteristics of equity and its arrangement in the balance sheet. The thesis focuses on how the legal regulations of the capital companies are reflected in the accounting of these legal entities and what are the tax impacts of transactions with equity. This includes issues of increase and decrease of share capital, profit shares, capital fund creation, including valuation differences from revaluation of assets and liabilities. There is also mentioned the issue of creating the structure of equity in the transformation of commercial corporations. The final part deals with the disclosure of equity information in the Statement of Changes in Equity.

The master thesis "Comparison of the process of establishment of Private Limited Company in the Czech Republic and in Austria" deals with the main characteristics and the process of establishment of Private Limited Company in the Czech Republic and in Austria. The goal of this thesis is to compare the process of establishment in a clear way to enable the reader to understand the similarities and differences between the process of establishment in the Czech Republic and in Austria. The thesis is divided into thematic units to be synoptic, the development of legal regulation of Private Limited Company in the Czech Republic and in Austria is shortly described in the first one. The following chapters focus separately on the process of establishment in the Czech Republic and in Austria and the last chapter compares both legislations.

It is in the area of the regulation of a company's share capital and distributions to shareholders that the inherent conflict between creditors and shareholders, and the fragile balance among shareholders internally, intersect. The share capital of a company underlies its corporate structure and represents not only its initial own funds from which creditors can be paid, but also the relative equity interests of the shareholders. The balance between shareholders can be disturbed by capital reorganisations through increase, reduction or variation of share capital or through disproportionate contributions by, or distributions to, shareholders. Share repurchases are particularly risky in this regard. Creditor interests are affected when their prior right to payment is endangered by distributions to shareholders. This study analyses the South African Law relating to share capital and distributions against the background of a comparative study of the laws of England, New Zealand, Delaware and California, as well as the provisions of the American Model Business Corporations Act. Two main approaches to creditor protection are evident. The capital maintenance doctrine, which is followed in England and Delaware, protects creditors by emphasising the notional share capital of the company as a limit on distributions. In contrast, the solvency and liquidity approach focuses on the net assets of the company and on its ability to pay its debts. New Zealand, California and the Model Business Corporations Act represent this approach. Regulatory responses to shareholder protection range from insistence on compliance with procedural requirements to minimal statutory intervention in the internal affairs of companies, instead relying on general principles of fairness and good faith. There is little correlation between a particular system's approach to creditor protection on the one hand, and to shareholder protection on the other. England, New Zealand and South Africa prescribe specific formalities, while the American approach is more relaxed. South Africa is a hybrid system. Its transition from capital maintenance to solvency and liquidity has been incomplete and its protection of equity interests is relatively unsophisticated. A number of recommendations are made for an effective and coherent approach that will safeguard the interests of creditors and shareholders alike. / School: Law / LL.D.

This diploma thesis poses the question of the legal status of partners in a private limited liability company compared to the legal status of partners (shareholders) in a joint stock company. Although both companies are in a theory of Czech business law classified as capital corporations, which means that they have much in common, the legal enactments which are regulating the area of the partner's legal status in both legal forms contain many significant differences. Some of them may well be considered as slight, unimportant details, whereas the others represent fundamental differences, which, for the partner's legal status, are more than crucial. The partner's participation in the company's activities and in its management could be mentioned as one of the examples. Meanwhile, the partners in a private limited liability company typically participate in the whole life of their corporation, the shareholders in a joint stock company only influence the life of their corporation implicitly, through their influence over the personal structure of the executive body (called board of directors), which is entrusted with the power of the company's management. The members of this executive body are usually represented by people outside of the company; the theory talks about professional, hired management, which is leading to a phenomenon called corporate governance. This diploma thesis not only contains chapters on the legal status of partners in the given types of corporations, it also includes a general interpretation of the terms private limited liability company and joint stock company. Only a correct representation of these terms can lead to an accurate understanding of the partner's legal status. Finally, there are also several comparative thoughts and tables, including some decisions of the business courts added at the end of the paper. Through the means of the above mentioned business court's decisions the author is attempting to demonstrate how the partner's rights and obligations are being performed in practice.

Las cooperativas son entidades de la economía social que se configuran basándose en parámetros de solidaridad, ayuda mutua y sistemas de autogestión. La presente tesis, profundiza en el estudio de los aspectos de orden contable peculiares de las sociedades cooperativas. Se analiza el ordenamiento jurídico-contable actual que compete a las cooperativas, examinando su adecuación a las características específicas de estas sociedades, haciendo especial énfasis, en la información social que deben revelar. Se proponen mejoras a la regulación contable actual, con el fin de alcanzar una mayor adecuación de ésta, a las singularidades de las sociedades cooperativas. Se revisa también, la normativa actual que regula el depósito de las cuentas anuales de estas sociedades, ante los registros competentes, proponiendo alternativas de mejora a la regulación vigente, para que el citado depósito de cuentas sea de utilidad para la toma de decisiones económicas de los usuarios de la información contable

It is in the area of the regulation of a company's share capital and distributions to shareholders that the inherent conflict between creditors and shareholders, and the fragile balance among shareholders internally, intersect. The share capital of a company underlies its corporate structure and represents not only its initial own funds from which creditors can be paid, but also the relative equity interests of the shareholders. The balance between shareholders can be disturbed by capital reorganisations through increase, reduction or variation of share capital or through disproportionate contributions by, or distributions to, shareholders. Share repurchases are particularly risky in this regard. Creditor interests are affected when their prior right to payment is endangered by distributions to shareholders. This study analyses the South African Law relating to share capital and distributions against the background of a comparative study of the laws of England, New Zealand, Delaware and California, as well as the provisions of the American Model Business Corporations Act. Two main approaches to creditor protection are evident. The capital maintenance doctrine, which is followed in England and Delaware, protects creditors by emphasising the notional share capital of the company as a limit on distributions. In contrast, the solvency and liquidity approach focuses on the net assets of the company and on its ability to pay its debts. New Zealand, California and the Model Business Corporations Act represent this approach. Regulatory responses to shareholder protection range from insistence on compliance with procedural requirements to minimal statutory intervention in the internal affairs of companies, instead relying on general principles of fairness and good faith. There is little correlation between a particular system's approach to creditor protection on the one hand, and to shareholder protection on the other. England, New Zealand and South Africa prescribe specific formalities, while the American approach is more relaxed. South Africa is a hybrid system. Its transition from capital maintenance to solvency and liquidity has been incomplete and its protection of equity interests is relatively unsophisticated. A number of recommendations are made for an effective and coherent approach that will safeguard the interests of creditors and shareholders alike. / School: Law / LL.D.