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11	Jednatel ve společnosti s ručením omezeným / Director in Limited Liability Company Uher, Pavel January 2011 (has links) A Director in Limited liability company The main reason of my research is a position of a director in Limited liability company. In my opinion this topic is very timely. Firstly due to the upcoming recodification of private law and secondly due to the position of a director as a statutory body of this kind of company which is our most common legal form of the capital company. The aim of the thesis is to describe a legal status of a director and to emphase the most important aspects of his function. The thesis also highlights the pitfalls of interpretation of certain provisions. The thesis is composed of 6 main chapters Chapter One briefly explains the definition of a director and the position of a director as a statutory body. There are defined requirements needed to perform the function of a director. Chapter Two compares the function of a director when a new company is formed and on contrary the emergence of this position during the existence of a company. Chapter Three deals with various ways of cessation of the function of a director. The greatest attention is paid to the resignation, in particular to the resignation in one-person company with one director. Chapter Four is concerned with the action of a director. The first part of this chapter is devoted to the two most important components of...
12	Porovnání přístupů k otázce souběhu výkonu funkce člena statutárního orgánu a zaměstnaneckého poměru v obchodních korporacích ve francouzském a českém právním řádu / Comparison of approaches to the issue of the concurrence of performance of the function of a member of the statutory body and the employment relationship in commercial corporations in the French and Czech legal order Babulíková, Kateřina January 2018 (has links) Comparison of approaches to the issue of the concurrence of the performance of the function of a member of the statutory body and the employment relationship in commercial corporations in the French and Czech legal order The possibility of concurrence of the performance of the function of a member of the statutory body and the employment relationship within one company is traditionally non regulated by Czech legal order. The solution is based on case law which, due its rigorous approach and poorly developed argumentation, does not offer neither clear answer to the question, nor the sufficient level of legal certainty. The thesis aims to analyse the approaches to the issue of the concurrence and its solution in France and the Czech Republic respectively, compare this approaches and propose possible adjustments in the approach of Czech justice to the issue, regarding the decision of the Czech Constitutional court from 13th September 2016, no. I. ÚS. 190/15. The thesis is divided into four parts. First part defines the basic legal notions in context of the legal orders of both countries. In the second and third part are described both approaches to the issue of concurrence of the performance of the function of a member of the statutory body and the employment relationship in France and the Czech...
13	Zdanění příjmů členů statutárních orgánů obchodních společností / The income taxation of members of statutory bodies Šimůnková, Lucie January 2012 (has links) The thesis concerns the income taxation of statutory bodies and their members of the companies in respect of performng responsibilities in a commercial-law relationship. The aim of this thesis is to compare the taxation of statutory bodies in different companies. The majority of the thesis focuses on statutory bodies and their members in the Czech Republic and the remainder on statutory bodies of companies in Germany, Austria, Slovakia, Canada, the USA and Australia.
14	The meaning of 'Organ of State` in South African law Mdumbe, Moses Fanyana 30 June 2003 (has links) `Organ of state' as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined as including any statutory body or functionary. In their interpretation of this notion, the courts and academic writers invoked the tests developed at common law in order to determine its meaning. The commentators, on the one hand, used a variety of tests. The courts, on the other hand, subscribed to what has come to be known as the `control test'. The 1996 Constitution followed with a comprehensive definition of `organ of state'. This notion is also employed in other laws by direct reference or incorporation of the definition in section 239 with slight adjustments. Regrettably, the limited approach developed by the court in their interpretation of the notion of `organ of state' for the purposes of the 1993 Constitution has spilled over to the interpretation of the concept under the 1996 Constitution. The question is whether this is justifiable. The constitutional definition of `organ of state' makes it clear that other institutions and functionaries are organs of state on the basis of what they are and others by virtue of the functions they are engaged in. Therefore strict adherence to the control test or any other test could unjustifiably limit the application of the Constitution. / Jurisprudence / LL.M. Public Constitutional function Constitutional power Administration Department of State Control test Public interest Definition clause Functionary Statutory body Governmental institution State Public body The state Public function Public power Organ of state 342.068 Constitutional law -- South Africa
15	The meaning of 'Organ of State` in South African law Mdumbe, Moses Fanyana 30 June 2003 (has links) `Organ of state' as a constitutional concept was first introduced by the 1993 Constitution, in which it was defined as including any statutory body or functionary. In their interpretation of this notion, the courts and academic writers invoked the tests developed at common law in order to determine its meaning. The commentators, on the one hand, used a variety of tests. The courts, on the other hand, subscribed to what has come to be known as the `control test'. The 1996 Constitution followed with a comprehensive definition of `organ of state'. This notion is also employed in other laws by direct reference or incorporation of the definition in section 239 with slight adjustments. Regrettably, the limited approach developed by the court in their interpretation of the notion of `organ of state' for the purposes of the 1993 Constitution has spilled over to the interpretation of the concept under the 1996 Constitution. The question is whether this is justifiable. The constitutional definition of `organ of state' makes it clear that other institutions and functionaries are organs of state on the basis of what they are and others by virtue of the functions they are engaged in. Therefore strict adherence to the control test or any other test could unjustifiably limit the application of the Constitution. / Jurisprudence / LL.M. Public Constitutional function Constitutional power Administration Department of State Control test Public interest Definition clause Functionary Statutory body Governmental institution State Public body The state Public function Public power Organ of state 342.068 Constitutional law -- South Africa
16	Odpovědnost a ručení za jednání podnikatele / The liability and the guarantee for the acting of enterpreneurs TVRDÍKOVÁ, Šárka January 2013 (has links) The aim of this thesis is to give an interpretation on the responsibility and liability of the statutory bodies of the company, as the statutory body presents a series of rights and obligations, the omission or improper performance can have on society and individuals far-reaching consequences. The thesis contains an analysis of the Act No. 418/2011 Coll. the criminal liability of legal persons and proceedings against them, defining the type of criminal liability of legal persons in Europe and comparison of Czech and Slovak legislation. At the conclusion are included proposals de lege designed law relating to the provisions of Act No. 418/2011 Coll.
17	Organizační struktura monisticky řízené evropské společnosti / Organization of a European Company with a Monistic Type of Management Věžníková, Petra January 2016 (has links) The diploma thesis deals with a one-tier (monistic) board structure of a European company (Societas Europaea) which has its registered seat in the Czech Republic. The governance of a European company is largely dependent on the national legislation, which has been in the Czech Republic significantly amended by a substantial recodification of private law. The thesis focuses on some of the interpretative difficulties that the new legislation has brought to the regulation of the monistic European Company, and presents some possible solutions thereto. In addition the statistical overview over the current state of European companies within Europe is included and commented upon. Powered by TCPDF (www.tcpdf.org)
18	Monistická organizační struktura české akciové společnosti po rekodifikaci soukromého práva / Monistic organizational structure of a Czech joint-stock company after recodification of private law Koprnický, Jan January 2015 (has links) Monistic organizational structure of a Czech join-stock company after recodification of private law Traditionally, the only board structure available for national joint-stock companies under the laws of the Czech Republic was two-tier model based on strict division of corporate governance functions between two separate boards. With the effect as of January 1st 2014, new Business Corporations Act no. 90/2012 Coll. ("Act") has introduced alternative statutory framework for one-tier board structure for join-stock companies which have its seat in the Czech Republic and thus are governed by the Czech laws. The Act made it possible for shareholders to choose between both models of board structures as what they deemed would fit best the purpose of their business. In this narrow sense the addition may have been looked at as praiseworthy. However the imperfect implementation of one-tier model of corporate governance into Czech law has raised serious interpretational issues which may effectively render this model unacceptable for adoption because the division of powers between the board of directors and general manager remains unclear. The main purpose of my thesis is to address this issue by clarifying the scope of powers which are vested by the law in the board of directors and general manager of the...
19	Právní, účetní a daňové aspekty likvidace obchodních korporací / Legal, accounting and taxation aspects of liquidation of trading corporations SMIDKOVÁ, Jana January 2017 (has links) The dissertation deals with legal, accounting and taxation aspects of liquidation of trading corporations. Based on an analysis, it evaluates aspects in the liquidation process of trading corporations under the conditions of the Czech Republic´s legislation. It provides an outline of the liquidation process and the liquidator´s activities, it points out legislative changes and hazard moments of the liquidation process.
20	Postavení člena představenstva akciové společnosti po rekodifikaci / The legal status of a board of directors’ member in a joint stock company after the recodification Košařová, Dita January 2014 (has links) New legal regulation of the private law contained in the New Civil Code and the Business Corporations Act has brought plenty of changes also in the status of a board of directors' member in a joint stock company. Both codes have brought new terminology, new institutes and clarification of the rules known from the legal regulation before the recodification. On one hand there is certain loosening in the decision making of statutory bodies of business corporations, on the other hand there is tightening of sanctions for cases of failure. This diploma thesis introduces major institutes of legal regulation related to the status of a board of directors' member and provides a basic comparison with the legal regulation before the recodification.

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