This master thesis analyses the financial situation of the company MORAVOSTAV Brno, a.s., stavební společnost in years 2007-2011 using most suitable methods of financial analysis. On the ground of the thesis, we formulate suitable proposals to improve the financial situation of the company.

v anglickém jazyce Despite the market relevance and cross-border operations of numerous credit and other financial institutions, the recent global financial crisis has clearly demonstrated that even the most significant conglomerates of the financial sector are not safe from the threat insolvency. Given cross-border activities of these institutions, any resolution of their market failure requires a comprehensive approach, inevitably facing also complexities arising from the presence of an international element. In this regard, this work examines persisting pitfalls pertaining to determination of international jurisdiction and applicable law, considering specific principles that govern current regulation of international insolvencies of credit institutions in conjunction with fundamental principles of universality and territoriality. With reference to existing case law, it is shown that despite the dogmatic dominance of the universality principle, the international solution of the insolvency of credit institutions still clashes with significant territorialism tendencies. Given the unique position of credit institutions and their systemic importance for financial stability, their resolution has traditionally been entrusted to supervisory authorities with competence. As a result, credit institutions...

Invalidity and Ineffectiveness of Legal Action in Insolvency Proceedings Abstract The subject of this thesis is a comprehensive analysis of the institute of invalidity of legal actions and ineffectiveness of legal actions and the incorporation of these concepts in contemporary legal theory and practice. The legislation protects the rights of recipients of the law and the public interest by identifying the legal actions which contradict the principles of morality or (and?) the law, as absolutely or relatively invalid, if the meaning and the purpose of the Act so require. Legal actions are also considered invalid if those actions undertake to the fulfilment of something impossible and in certain cases also if those actions are not made in the required form or if they are an error. The current legislation also protects creditors from the behaviour of debtors, if they intentionally shorten their creditors, through an institution called the relative ineffectiveness of legal action. The purpose is to protect creditors, guarantors and other persons against this shortening legal actions made by debtors. Such conduct of the debtor is formally not problematic, but it damages creditors, who therefore have the right to demand that the court determines such action is ineffective (only) against them. The author's...

The Specifics of Use of Trusts in Business Relations This thesis deals with possibilities brought by trusts (in Czech: svěřenský fond) to business relations. It analyses the key features of a trust, thanks to which it has a unique and often irreplaceable position in number of financial transactions. Selected financial transaction are described in detail and the importance of trusts in these transactions is explained. The main objective of this thesis is to show that trusts have benefits far beyond the governance of personal property and its intergenerational transfers. By this I want to prompt interest in further research of the use of trusts in business relations in the Czech legal environment. After the introduction, the first chapter of this thesis briefly introduces the history of the trust. It is outlined which role the trust played in different legal systems and what were the motives for its development. The second part describes trust as an institute of civil law. There is also described the implementation of the trust into the legal system of the Canadian province Québec, because this regulation served as a model for the Czech lawmakers. This chapter of the thesis also describes the subjects of the trust and the basic concepts related to this institute. The third part introduces the trust...

Mercantile Law / Mini Dissertation (LLM)--University of Pretoria, 2019. / Mercantile Law / LLM / Unrestricted

[pt] Esta dissertação investiga a utilização de Redes Neurais, especificamente o modelo conhecido como Mapa Auto- Organizável de Kohonen, na previsão de insolvência no sistema finaneiro. Para o desenvolvimento deste trabalho foram utilizados inicialmente indicadores financeiros trimestrais de 32 Bancos e 53 Financeiras do Paraguai no período compreendido entre dezembro de 1996 e dezembro de 1997. Como parâmetro de comparação foram utilizados os resultados fornecidos pelo sistema de qualificação denominado CAULA, empregado pela Superintendência de Bancos do Banco Central do Paraguai. / [en] This dissertation investigates the use of Neural Networks, especially the model known as Self-Organizing Feature Maps (S.O.F.M.), as regards the prediction of bankruptcy in the financial system. Quarterly financial ratios of 32 Banks and 53 Financial Institutions in Paraguay within the period December 96 - December 97 were utilized for the development of this work. The qualification system, Known as CAULA (Capital, Assets, Utilities, Liquidity and Management), used by the Superintendence of Banks of the Central Bank of Paraguay, was chosen as a comparative model with respect to the Neural Network model.

Corporate governance practices of fintech companies have caused to increase in risk or caused to decrease in the risks. This study is mainly focused to identify the impact of corporate governance mechanisms, especially board structure and ownership structure, on the market-based risk of fintech companies. We have employed several corporate governance mechanisms such as, board size, board independence, board expertise on fintech, CEO duality, risk committee functioning, institutional ownership, and managerial ownership of the fintech companies. Total risk, systematic risk, market risk,and insolvency risk are employed as our dependent variables to examine this phenomenon. We have selected 46 listed fintech companies that are listed in any stock market of the world. Data is collected through 2012-2022 period. We have conducted our analysis using 369 unbalanced panel datasets. Our purpose was to emphasize the importance of better corporate governance mechanisms to risk management in fintech companies. From the management point of view, investors’ point of view, or directors’ point of view, what changes should do to better risk management of the company and also their personal benefit? In the recent past, two bluechip fintech companies have bankrupt due to corporate governance mispractices and risk management issues. Our results show that, corporate governance is one of the key factors in determining risk of the fintech companies. We have identified that the best practices caused to decrease risk while mispractices caused to increase risk.

This bounded collective case study is an exploration of five school districts that have come under California state receivership and have received comprehensive assessments from the Fiscal Crisis and Management Assistance Team. It is detailed from the point of receivership through the initial comprehensive assessment report. Each case is situated within the timeframe in which each district had their budgets negatively certified, their request for a state loan granted, their receivership by the state declared and the initial steps toward recovery identified. The five California school districts chosen for this study are a sample of the population of school districts that have requested loans from the state of California since 1984. Of this population of thirty-two, seven have come under state receivership. Of these seven, five school districts have had comprehensive assessments mandated by the state of California and conducted by the Fiscal Crisis and Management Assistance Team. These five school districts selected as the sample for this study are: Compton Unified School District, West Contra Costa Unified School District, West Fresno Elementary School District, Oakland Unified School District and Vallejo City Unified School District. This study utilized the results from three data sets: district profiles which included demographic and financial data; the comprehensive assessment of the five selected school districts conducted by the FCMAT in the financial management area; and practitioner interviews at the district, county and state levels. The findings provide a roadmap for school districts in determining its risk of insolvency. The common demographic, financial conditions and fiscal practices are identified and how these conditions and practices lead to fiscal insolvency is presented. These conditions and practices have been organized into a high risk model that provides a hierarchy of predictors divided into primary, secondary, and independent risk areas that describe how these conditions and practices can be utilized as indicators of impending fiscal crisis. The systemic impact on fiscal solvency in the areas of; governance, human resources, facilities, and most importantly student achievement needs to receive further research.

Many studies have focused on the insurance industry in the US and other developed countries. Few studies have investigated the efficiency and organizational form in developing countries. This is particularly true for the Takaful insurance industry. Takaful insurance is mutual insurance based on Islamic principles. The rapid growth of Takaful insurers in many countries around the world and their long existence make it important to examine them. Chapter 1 discusses the history and the practice of insurance during the time of ancient Arabs tribes. I discuss the conduct of the Holy Prophet (SAW) relating to insurance practice. I also briefly outlines the development of Islamic insurance in the fourteenth to the seventh centuries, nineteenth century, and the development in the twentieth century. Chapter 2 investigates economies of scope and agency problems for Takaful insurance companies operating in 19 countries. I test the conglomeration hypothesis, which holds that firms can optimize by diversifying across businesses, versus the strategic focus hypothesis, which holds that firms improve by focusing on core businesses. More specifically, I analyze whether it is advantageous for insurers to offer both property-liability insurance and family insurance (life insurance), or to specialize in one major industry segment. I also test for agency problems, which imply that firms must motivate the agent to ensure compliance with the principal's wealth maximization objectives. That is, I analyze whether it is advantageous for insurers to operate under a Mudharaba (profit sharing) model or operate under a Wakala (fee based) model. I estimate cost efficiency utilizing data envelopment analysis (DEA). Then, I test for scope economies and agency problems by regressing efficiency scores on control variables and indicators for strategic focus and the operating model. The results show that the Wakala operating model is cost inefficient and focused Takaful insurers are associated with higher cost efficiency. Chapter 3 investigates the relationship between insolvency risk and efficiency for Takaful insurers. I measure the insolvency risk by computing the z-score which measure distance to default. I calculate the efficiency scores using Data Envelopment Analysis (DEA). I find that efficient firms have a higher distance to default. I also find that firms which operate in multiple lines are penalized for diversification by being more likely to become insolvent. In addition, I show that investing in sukkuk and real-estate increase the insolvency risk. Chapter 4 analyzes the coexistence of Takaful and conventional insurance. I analyze the efficiency of different organizational forms in 13 countries. Technical, allocative, cost, and revenue frontiers were estimated using data envelopment analysis. I test the expense preference hypothesis and efficient structure hypothesis. I find evidence for the efficient structure hypothesis which claims that the two organizational forms serve different market segments due to differences in managerial discretion and access to capital. I also find evidence for the expense preference hypothesis which states that mutual insurers are less cost efficient than stock insurers due to unresolved agency conflicts (e.g., higher bonus consumption by mutual managers). The results provide insight into the competitiveness of conventional and Takaful insurers from different countries. Finally, chapter 5 concludes the main results of the study. / Business Administration/Risk Management and Insurance

No / During the subprime crisis, the FDIC has shown, once again, laxity in resolving and closing insolvent institutions. Ronn and Verma (1986) call the tolerance level below which a bank closure is triggered the regulatory policy parameter. We derive a model in which we make this parameter stochastic and bank-specific to infer the stock market view of the regulatory capital forbearance value. For 565 U.S. listed banks during 1990 to 2012, the countercyclical forbearance fraction in capital, most substantial in recessions, could represent 17%, on average, of the market valuation of bank equity and could go as high as 100%.