This diploma thesis deals with the institute of the membership of a legal entity performing the office of a governing body's member of a limited company. Since the New Civil Code and the Law on Commercial Corporations have entered into force, this very institute was given formed, however not full-range, legal framework. The thesis is divided into seven chapters. The opening part outlines the basic issues of the thesis, linked to the conception of a legal entity due to the theory of fiction. The second chapter is dedicated to the conditions that have to be fulfilled by the legal entity as well as its representative for the performance of the office of a governing body of a limited company. The third chapter analyses in detail the way of the representation of the legal entity performing the office of a governing body's member, with regard to the disputable questions in particular, such as the scope of a representative's competence, substitute representation and the matter of the joint statutory body. Within the fourth chapter, the attention is paid to responsibilities linked to the performance of the office by a legal entity, especially to the duty to perform such office with the duty of care, as well as the matter of the conflict of interests. The fifth chapter is dedicated to the particular types...

Artificial Neural Networks (ANNs) appear increasingly and routinely to gain popularity today, as they are being used in several diverse research fields and many different contexts, which may range from biological simulations and experiments on artificial neuronal models to machine learning models intended for industrial and engineering applications. One example is the recent success of Deep Learning architectures (e.g., Deep Belief Networks [DBN]), which appear in the spotlight of machine learning research, as they are capable of delivering state-of-the-art results in many domains. While the performance of such ANN architectures is greatly affected by their scale, their capacity for scalability both for training and during execution is limited by the increased power consumption and communication overheads, implicitly posing a limiting factor on their real-time performance. The on-going work on the design and construction of spike-based neuromorphic platforms offers an alternative for running large-scale neural networks, such as DBNs, with significantly lower power consumption and lower latencies, but has to overcome the hardware limitations and model specialisations imposed by these type of circuits. SpiNNaker is a novel massively parallel fully programmable and scalable architecture designed to enable real-time spiking neural network (SNN) simulations. These properties render SpiNNaker quite an attractive neuromorphic exploration platform for running large-scale ANNs, however, it is necessary to investigate thoroughly both its power requirements as well as its communication latencies. This research focusses on around two main aspects. First, it aims at characterising the power requirements and communication latencies of the SpiNNaker platform while running large-scale SNN simulations. The results of this investigation lead to the derivation of a power estimation model for the SpiNNaker system, a reduction of the overall power requirements and the characterisation of the intra- and inter-chip spike latencies. Then it focuses on a full characterisation of spiking DBNs, by developing a set of case studies in order to determine the impact of (a) the hardware bit precision; (b) the input noise; (c) weight variation; and (d) combinations of these on the classification performance of spiking DBNs for the problem of handwritten digit recognition. The results demonstrate that spiking DBNs can be realised on limited precision hardware platforms without drastic performance loss, and thus offer an excellent compromise between accuracy and low-power, low-latency execution. These studies intend to provide important guidelines for informing current and future efforts around developing custom large-scale digital and mixed-signal spiking neural network platforms.

The topic of this thesis are rights and obligations of a liquidator. Specifically, there are compared rights and obligations of the liquidator appointed by the court and the liquidator appointed by the company. The topic is restricted to a limited liability company. The first part of the thesis analyses the conditions under which the liquidator is appointed by the company and the court. The main part of the thesis compares rights and obligations that these liquidators do not have in common, but also the rights and obligations that they share, but which differ significantly in their content and meaning. Firstly, the liquidator's right to resign is discussed. Subsequently, it is analysed how the liquidator identifies the company's assets, in particular the contact with the creditors and the right to request co-operation. A significant part of the thesis is devoted to the procedure of the liquidator in the event of bankruptcy of the company in a situation in which it is not possible to pay an advance on the costs of the insolvency proceedings. Furthermore, the liquidator's right to remuneration and the obligation to submit a final report on the liquidation process are discussed. In the conclusion, the main findings of the thesis are summarized.

- Resolution of the General Meeting of Limited Liability Company The subject of this diploma thesis is Resolution of the General Meeting of Limited Liability Company. Since legal character of a resolution is mainly determined by how a legal order defines legal persons and juridical acts, the first part of this thesis discusses the theoretical grounds of legal (artificial) persons. The specifics of the current legal regulation are also mentioned afterwards. These general conceptions are then applied to the specifics of the Czech legal order and limited liability company respectively. The second chapter looks into the function of the general meeting. Specifically, issues such as convening and powers of the general meeting or attendace and voting at the general meeting, are dealt with. The third chapter analyzes the resolution of the general meeting itself. It begins with a brief historical excursion to the concept of the legal nature of the resolution. Then it looks for an answer on how the resolution is percieved nowadays. It follows the conclusions found in chapter one, when it deals in more detail with the question of whose will is manifested in the resolution of the general meeting. Furthermore, a short explanation of the juridical acts is provided. The thesis then proceeds in logical order by...

M.Com. (Financial Management) / In 1995, the South African government needed to address the widening poverty gap. The manner in which they would do so was through the process of financial market liberalisation of the JSE. The intention behind the process of financial liberalisation on the JSE was to increase the liquidity of the JSE. The significance of this study is that it would provide regulators of financial markets, policy makers and academics information on the effectiveness of the liberalisation of the JSE on dual listed companies’ ability to grow in a sustainable manner. Previous literature has found the risk sharing benefit associated with financial market liberalisation. With the increased number of participants in market would increase the chance of successful trades. Previous studies have found that there is a positive correlation with financial market liberalisation and market liquidity. Exchange controls have been put in place to prevent capital flight in sudden economic down turns. Certain studies have found that financial market liberalisation on has had minimal impact on the market capitalisation This study investigates the effects the financial liberalisation on the JSE had on dual listed companies’ sustainable growth rates. A purposive sampling technique was used in this study and a sample of 28 dual listed companies was selected. The approach to this study was an explanatory approach and the research paradigm was archival. The statistical tools which were utilised in the study were broken into two components, namely, the descriptive statistics and the inferential statistics. The data that were used in the study were secondary data collected from I-Net Bridge. The results of this study indicated that the financial liberalisation of the JSE did have an impact on the sustainable growth rates of dual listed companies on the JSE. Recommendations were made in this study for the dual listed companies to improve their net profit margins. The methods in which the dual listed companies are able to improve their net profit margins are by finding competitive sustainable advantages. It was further recommended that the Income Tax Act No. 58 of 1962 needs to be amended to create a conducive economic environment for the dual listed companies to grow sustainably. It was further recommended that the dual listed companies on the JSE invest in human capital in order to improve their sustainable growth rate.

Organisations are changing rapidly due to the multitude of environmental factors and pressures with which they are faced. In order for them to remain current and competitive they need to constantly learning and adapting to these changes. Having learning entrenched into the culture of the organisation would ensure that it is always ready for change and that it is also able to move toward the state of a learning organisation. The Standard Bank of South Africa’s Retail Bank branch network was perceived as not having an adequate learning culture, as displayed by an apparent lack of focus and responsibility being taken for learning by employees. A literature review was conducted to better understand a number of fundamental concepts such as learning, culture and organisational learning, as well as the nature and meaning of what a learning culture is. The literature review was also used to identify key elements within organisations, which could be considered vital for the creation of a successful learning culture. It was these elements against which the SBSA Retail Bank branch network was to be measured against, during the course of an empirical study, to determine the nature and extent of their existing learning culture. The empirical study made use of a quantitative descriptive research design, due to the large numbers of SBSA employees involved, who were widely dispersed across the country. Two electronic questionnaires were placed on the SBSA Intranet site for one week, to cater for both managerial and non-managerial responses, and a response rate of 95% was achieved for both groups. The research data was given to Statkon, (Rand Afrikaans University’s statistical consultation department) for analysis. The results of this survey indicated that the Branch network do in fact have an established learning culture, however this needed to be further developed and improved to ensure a greater alignment to the elements identified in the literature review. Incorporating the recommendations that are proposed will assist this development and improvement of the existing learning culture further, as will by taking note of the learning culture strategy and implementation suggestions put forward. Further investigation will still be required for some of the learning culture aspects, to better understand their nature and situation, as well as their possible impact. Suggestions are also identified for possible further research, some of which relate to researching the finer relationships and trends within the SBSA Retail Bank branch network, such as demographic factors and the development of a comprehensive learning culture strategy. All of this is necessary to ensure the creating and sustaining of a learning culture that will support and facilitate the development of a learning organisation. / Hannelize Jacobs

M.Com. (Business Management) / The capital structure of a company depends on the degree of debt used. Companies use debt to trade of tax shields and financial distress costs. At the margin where these equate, the optimal capital structure is reached. This optimal capital structure has been determined for each size of market capitalisation on the Johannesburg Securities Exchange. The capital structure theories of the static trade-off theory, pecking order and signalling model theory are highlighted in relation to company determinants such as size, asset structure, profitability and growth opportunities. A sample of 35 companies was used for each market capitalization for the period 2003 to 2009. The researcher uses a bar graph to display the average price to book value (P/BV) in sequential intervals for each degree of leverage in order to determine the optimal capital structure. The research shows that the optimum leverage for small market capitalisations was reached with a DIE ratio of 0.75-1 and for medium and large market capitalisations between 1.01-1.25.

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Dans un contexte de changement climatique, des dispositifs sont mis en place par les politiques publiques pour permettre le déplacement de la biodiversité et la recolonisation de nouveaux milieux (TVB, trame de vieux bois. . . ). Ces dispositifs semblent adaptés pour les espèces animales les plus mobiles. Or, les espèces ayant une faible capacité de déplacement représentent un enjeu important pour l'e‑cacité des dispositifs mis en place. Un grand nombre de ces espèces demeurent aujourd'hui mal connues. En forêt, les coléoptères saproxyliques aptères de litière sont des espèces ayant des capacités de déplacement et de dispersion limitées en raison de leurs petites tailles, de leurs aptérismes et de leurs exigences trophiques. Ces espèces constituent le modèle biologique de cette étude pour comprendre comment des espèces à faible capacité de déplacement peuvent évoluer dans les forêts et les paysages anthropisés, dans l'espace et le temps. L'échantillonnage par tamisage de litière de dix arbres par peuplement en utilisant un Winkler et une extraction par Berlese, a montré une puissance d'échantillonnage moyenne de 97.2% pour six forêts. Des relevés mensuels sur deux ans ont permis de caractériser la phénologie des espèces, à savoir qu'elles sont i/ présentes dans la litière toute l'année, ii/ davantage abondantes au printemps et en automne et iii/ ne présentent pas de variation interannuelle. Nous avons comparé la richesse spécique et la répartition des espèces, entre les forêts subnaturelles et les peuplements exploités des montagnes Pyrénéennes. Ceci a montré que les espèces sont peu impactées par l'exploitation sylvicole traditionnelle, mais présentent une grande variabilité de répartition qui semble liée à l'impact anthropique passé. Le paysage fragmenté des Coteaux de Gascogne s'est avéré être très pauvre en coléoptères saproxyliques aptères. Étonnamment, dans ce territoire, les répartitions des espèces sont mieux expliquées par les caractéristiques des paysages que celles des forêts. Pour la moitié des espèces, leurs répartitions sont mieux expliquées par la composition du paysage en 1850 que celle d'aujourd'hui. Un seuil critique de 15% de proportion de forêts dans le paysage en 1850 a pu être mis en évidence pour une espèce (Dienerella clathrata). Nous avons montré que les espèces sont capables (au moins) de se déplacer à travers les haies, quelles que soient les caractéristiques de ces dernières. Si les espèces étaient présentes dans la forêt connectée à la haie, elles ont été échantillonnées dans cette dernière. Les capacités de déplacement de trois espèces ont été étudiées en laboratoire et montrent une vitesse moyenne de 1,6m.h-1. Ces deux éléments conrment le fait que ces espèces sont mobiles dans le paysage. L'ensemble de ces résultats, ainsi que le fait que les territoires les moins anthropisés soient les plus riches en coléoptères saproxyliques aptères, nous amènent à conclure que ce groupe taxonomique supporte bien les impacts humains de faible amplitude spatiale et temporelle, mais qu'ils sont peu résilients à une anthropisation importante dans le temps et dans l'espace. / To enable species migration in a global warming context, public policies try to improve European natural network (Green and Blue infrastructure, old trees network...). These measures might be adapted to the high-dispersal species, but there is a lack of knowledge concerning the ability of the low-dispersal species to move using these networks. Lots of these species remain poorly known. Considering forest ecosystems, ightless saproxylic beetles are supposed to be dispersal limited species because of they are small, unable to y and have trophic exigencies. The aim of this study is to understand how dispersal limited species evolve temporally and spatially in the landscape. Flightless saproxylic beetles have been sampled by sieving litter in front of ten trees per stand, using a modied Winkler and extracted through an adapted Berlese. This standardization of the methods lead to sample an average of 97,2% of the species targeted in each forest. A monthly survey during two years has shown that the species are present in the litter throughout the year and that they are stable over two years. The best season to sample them appeared to be autumn and spring. Comparison between old growth forests and harvested stands in the French Pyrénnées has shown that harvesting does not impact signi cantly the target species. Their repartitions were highly dierent between the studied valleys, which is assumed to result from the dierence in the past human impact. In the highly fragmented landscape (Coteaux de Gascogne, SW France), very few ightless saproxylic species have been sampled. Surprisingly, this experiment has shown that the landscape characteristics explain better these dispersal limited species' repartitions than the forest characteristics. For half of them, landscape composition in the 1850's explain better the repartition than the current one. A threshold of 15% of forest cover appeared to be determinant for one species (Dienerella clathrata). We showed that the studied species use the edges (at least to move through them) whatever their characteristics may be. As soon as they are present in the forest, they are in the connected edge. Moving abilities of 3 species have been approached by measuring the running speed in laboratory. This experiment showed a mean of running speed of 1,6m.h -1. These dierent elements lead us to conclude that the ightless saproxylic beetles are mobile in the landscape. All these results, and the fact that species richness is correlated to the landscape anthropisation, leads us to conclude that this taxonomic group can support human impact at small spatial and temporal scale, but are poorly resilient to large and long anthropisation.

Magister Legum - LLM