Zugl.: Leipzig, Universiẗat, Diss., 2008/09 u.d.T.: Die praktische Relevanz der GbR mbH und ihre Bedeutung in Abgrenzung zu vergleichbaren US-amerikanischen Gesellschaftsformen.

Univ., Diss.--Hamburg, 2001.

Submitted by Henrique Brasiliense de Castro Pires (henrique.brasiliense2014@fgvmail.br) on 2016-05-04T18:32:36Z No. of bitstreams: 1 Limited Liability and Non-responsiveness in Moral Hazard and Adverse Selection Problems (1).pdf: 525295 bytes, checksum: 0463596c60f1218d5dfffa8108178df6 (MD5) / Approved for entry into archive by GILSON ROCHA MIRANDA (gilson.miranda@fgv.br) on 2016-05-10T19:09:38Z (GMT) No. of bitstreams: 1 Limited Liability and Non-responsiveness in Moral Hazard and Adverse Selection Problems (1).pdf: 525295 bytes, checksum: 0463596c60f1218d5dfffa8108178df6 (MD5) / Approved for entry into archive by Marcia Bacha (marcia.bacha@fgv.br) on 2016-05-16T19:27:56Z (GMT) No. of bitstreams: 1 Limited Liability and Non-responsiveness in Moral Hazard and Adverse Selection Problems (1).pdf: 525295 bytes, checksum: 0463596c60f1218d5dfffa8108178df6 (MD5) / Made available in DSpace on 2016-05-16T19:28:10Z (GMT). No. of bitstreams: 1 Limited Liability and Non-responsiveness in Moral Hazard and Adverse Selection Problems (1).pdf: 525295 bytes, checksum: 0463596c60f1218d5dfffa8108178df6 (MD5) Previous issue date: 2016-03-21 / This work analyses the optimal menu of contracts offered by a risk neutral principal to a risk averse agent under moral hazard, adverse selection and limited liability. There are two output levels, whose probability of occurrence are given by agent’s private information choice of effort. The agent’s cost of effort is also private information. First, we show that without assumptions on the cost function, it is not possible to guarantee that the optimal contract menu is simple, when the agent is strictly risk averse. Then, we provide sufficient conditions over the cost function under which it is optimal to offer a single contract, independently of agent’s risk aversion. Our full-pooling cases are caused by non-responsiveness, which is induced by the high cost of enforcing higher effort levels. Also, we show that limited liability generates non-responsiveness.

Registered capital of a limited liability company Abstract This master thesis deals with the institution of the registered capital in a limited liability company, its meaning and its purpose. The aim of the master thesis is to evaluate the current legislation, to compare it with the adjustment of the registered capital in other countries (especially in Germany), as well as to propose its concrete improvements. The new legislation of the limited liability company is very different from the previous legislation; the abolition of the minimum registered capital is one change brought by the new legislation. This is the result, not the cause of questioning the registered capital as the creditor protection institute. The registered capital does not perform the guarantee function, because the regulation of the registered capital does not provide (and the neither did the previous Act) effective guarantees that the company will have funds corresponding to the amount of the registered capital after the establishment of the company as well as during the period of its existence. Other provisions concerning the actual creation and maintenance of the registered capital were (except, for instance, the registered capital test) preserved. This is positive, especially because of great number of companies that have...

Share in a limited liability company as a subject of legal relations; equity certificate The master thesis analyses the issue of the transfer of a share in a limited liability company including the possibility to incorporate a share into an equity certificate. The main purpose of this study is to introduce in detail the different phases of the tranfer of a share, an equity certificate and draw attention to several interpretative problems related to the new law of business corporations. Besides the applicable law, which is purposefully subjected to the comparison with legal regulation before the recodification of private law, the work examines the legal literature, including periodicals, and still aplicable case law of the Czech courts. The thesis is divided into five chapters. The first chapter looks briefly at a share in a limited liability company and its definition as a subject of legal relations. The second chapter deals with the modes of the transfer of a share and the preconditions of its realization in the form of obtaining the relevant permissions. This section also outlines possible consequences of not giving the necessary consents with the transfer. The core of the third chapter represents the share transfer agreement, its formal and subject matter requirements. There are also mentioned...

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The private limited liability company, as the most frequently used type of business corporation in the Czech Republic, has recently undergone significant changes concerning its legal regulations due to the recodification of private law. This thesis focuses on the share in the limited liability company and the equity instrument (the share certificate), by which the share can be represented, along with the transfer of the share. The treatises aims to identify interpretational disputes arising from the recently enacted civil and corporation codes and, while using resources available at the moment, attempts to adumbrate possible outcomes and solutions. The work itself is divided into five chapters. First chapter provides general description of the notion of the share in the limited liability company and defines its nature. Further, possible variations of issue of shares in the limited liability company such as issue of different classes of shares and the option of ownership of multiple shares in one company are examined. In the second chapter, the concept of the share as a thing in itself (personal property) and the selected implications of this concept are discussed. The focus is aimed on topics, which appear to be highly questionable. Third chapter introduces the institute of the equity instrument...

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...

Magister Legum - LLM