The main objective of this thesis is to describe the issues of liquidation and the liquidator and to find possible solutions of the potential ambiguities of law interpretation. Author presents answers to set research questions about rights and duties of a liquidator and related institutes. The ambition of the work is not to create an exhaustive list of rights and duties of a liquidator but rather bring own inventiveness of the author on this issue. The work is partially focused on regulation of liquidation of capital companies. Author works with the relevant laws, commentaries and law cases relating to the topic. The thesis is divided into three parts that are devoted to individual examined institutes. The author brings different point of views on the topics through the opinions of relevant experts. The first chapter, entitled "Liquidation and a liquidator" describes the liquidator, the liquidation and its goal and purpose. It points out to the fact that the liquidator has remained as body of legal entity. In this context, the author relates a large number of rights, especially duties of a liquidator. Significant part of the thesis is devoted to the question of the possibility of filing a request for erasure of a legal person from the relevant register. The second chapter is devoted to the way of...

1 Dissolution of a limited company with liquidation; the assignment of rights and enforceability of obligations Abstract The diploma is concerned about the issue of the enforceability of commitments and the cessions of rights, especially with regard to the shortening of creditors' rights in the event of winding up a corporation, during a liquidation or insolvency process. The diploma does not attempt to analyze in detail the process of liquidation or eventually the process of insolvency, but chooses the specific problems and procedures that are applied to meet the needs of a shareholder corporate model, which means to enrich the ownership structure to the maximal potential extent, including in this procedure the influential and controlling persons who in some way manage to influence decision-making process in the corporation at the expense of creditors. The introductory chapter gives a general description of the liquidation process, including regulations which apply to it. The comparison of foreign legislation, mainly focusing on the law applied in the United Kingdom from which the Czech legislation was also inspired by, is important with regard to legal proceedings of subjects acting on behalf the corporation, especially in case of a liquidator acting in the process of liquidation, furthermore it is...

The aim of this thesis is to analyse the process of a company's liquidation and most importantly the analysis of the position of the liquidator in this process. Based on an undertaken analysis, a model of the process of liquidation was created and is filed into the analytical part of the thesis. The thesis contains the detailed account of particular liabilities, rights and liquidator steps in the process of liquidation. It answers the questions of the responsibility of the liquidator in the process of the liquidation, the justice of the procedure, the fulfilling of the tax liability, the fulfilling of the liability resulting from running the accountancy connected with the financial reporting, the publishing information and specifications concerning the liquidated company. Last but not least, this thesis finds the answers to discharge creditors' claims, pay the remaining assets, and file a proposal and erase the company from the trade register. There is also a part, which concerns the analysis of the company's period before entering the liquidation and reasons for its entry to liquidation. The important part of the theses is the elaboration of this issue within trade companies, such as investment companies, investment funds, share funds, pension funds, insurance companies, the securities dealers and the others carrying the business in accordance with law of capital market.

1 Protection of company's creditors during liquidation Abstract This diploma thesis deals with the protection of creditors, which the legal legislation provides them during liquidation. This issue remains important even after the recodification of private law, because new legislation has not removed all weaknesses in the protection of creditors. The thesis is divided into five chapters. Objective of these chapters is to cover most of the instruments that protect creditors throughout the liquidation process and after its ending. The first chapter is dedicated to the liquidator, who is the key person of the liquidation process. This chapter also involves a list of his rights and duties. That provides an overview of the protection of creditors during liquidation and the next parts of diploma thesis describe these rights and duties in detail. The second chapter delves into the instruments of protection which are associated with the beginning of liquidation. The third chapter deals with a protection of creditors during the whole process. In particular it deals with payment of the company's debts and includes the analysis of specific groups of creditors. Afterwards, effects of entry into the liquidations are described. The last part of the third chapter reflects documents which need to be drafted at the end of...

This Master's thesis describe process of liquidation which precluding disappearance of the enterprise. As a result is to show this action in reality. The practical part of this thesis contains activities of liquidator in the joint-stock company. The thesis refers to possibility of bankruptcy the company and the liquidator's procedure in this situation. The goal of this thesis is describing the procedure of liquidation, direct the attention to mentioned problems that could occur during liquidation and trying to find some solutions.

Liquidation of a company having insufficient assets Abstract The diploma thesis primarily deals with situations in which a liquidated company with insufficient assets may find itself. It deals, among other subjects, with cases where the liquidator finds out during the liquidation process that the liquidated company is in bankruptcy or when any undistributed assets of the liquidated company appear after the end of the insolvency proceedings. The aim of the thesis was mainly to describe and critically analyze the legal regulation of the above-mentioned situations, focusing on the interconnectedness and the most significant differences between the process of liquidation and insolvency proceedings. The thesis also deals in more detail with the figures of liquidator and insolvency trustee, their rights and obligations and mutual cooperation within both proceedings or the simplified liquidation of a company with insufficient assets to cover the costs of insolvency proceedings. The author of the thesis tried to achieve the set intention mainly by a detailed analysis of legal regulations, academic writing and relevant case law. At the same time, the thesis deals with controversial and unclear provisions of effective legal regulation concerning the subject matter. The diploma thesis is divided into five structured...

Diploma thesis: Legal regulations of liquidation of a company Diploma candidate: Ing. Jan Sadílek Supervisor: JUDr. Marie Zahradníčková, CSc. Date: 22. 3. 2015 Abstrakt This thesis deals with the legal regulation of liquidation of a company in the context of the new legislation, which is effective from 1st January 2014. The previous legal regulation of liquidation was considered successful and was largely taken. The aim of this thesis is to describe the process of liquidation in the new legislation, subsequently find differences in both regulations and explain them, and finally remove interpretative ambiguities. The thesis consists, besides introduction and conclusion, of the five chapters. The first chapter deals with the legislation of liquidation, especially its development, which culminated in the adoption of the new Civil Code no. 89/2012 Coll. and the Business Corporations Act no. 90/2012 Coll. Dissolution of a company is a prerequisite of liquidation, except cases of court declaration of its invalidity. Hence the next chapter discusses ways of dissolution of a company, which include legal proceedings, public authority's decision, expiration term, and purpose achievement. The third chapter deals with the very purpose and process of the liquidation, as well as with monetization followed by separation...

1 LEGAL REGULATIONS OF LIQUIDATION OF A BUSINESS COMPANY ABSTRACT The liquidation of a business company is a legally regulated process of settling the assets of this company out of court, unless the company has not a general legal successor. If the company is going into liquidation, the active commercial activity of this company shall be stopped. All of the activities aim to finish the business of the liquidated company and to find and to settle its property. The liquidation of a business company in the law of The Czech Republic is regulated in the Act No. 513/1991 Coll., The Commercial Code, as amended. The liquidation means a lot of legal and economic problems. This work is centred only on the legal aspects of the liquidation. It is necessary in case of liquidation to distinguish between two terms: dissolution and ending of a business company. A company enters into the process of liquidation as of the day of its dissolution. In this context is necessary to file a motion for entry the liquidation into the Commercial register. A company have to use the addendum "in liquidation", during a liquidation. The liquidation is finished by selling the property of the liquidated company and by settlement of its liabilities. After finishing the liquidation, the liquidator files a motion for deletion of the company...

1 The Liquidator in the Process of Liquidation of a Company Abstract The diploma thesis deals with the issue of general legal regulation of liquidation of a company, above all with a focus on the liquidator's legal status and his particular actions within the liquidation process. The thesis follows a hypothesis that the analyzed legal regulation of liquidation of a business company embedded in the Commercial Code is good and well-elaborate. The objective of the thesis is to critically test thus formulated hypothesis on the basis of comprehensive delimitation, analysis and evaluation of qualities of general liquidation rules. Attention is focused mainly on legal issues related to the actual liquidator's position, for instance on the issue of qualification for the function of a liquidator or the issue of appointment and dismissal of a liquidator by the court. The study builds chiefly on the method of description and critical analysis of relevant legal provisions and secondary sources. The obtained theoretical knowledge is then generalized into more general conclusions using a synthetic method. Aside from the introduction the actual thesis comprises four chapters, out of which the first three in particular are rather theoretical, whereas the fourth chapter provides a more practical view of description of the...

in English The thesis deals with the protection of creditors during the liquidation of a company, under the new legislation, effective since 1st January 2014. Although the previous legislation was considered accurate and to a large extent has been adopted in the current regulation, there are some differences to the benefit and detriment of creditor protection, which I highlight in each chapter. The aim of my thesis is to analyze the most important elements of protecting creditors in the liquidation process and after its completion, gradually from the general, to those that provide protection to the creditors of the specific claims, such protection evaluate and highlight possible problems that can endanger the satisfaction of creditor or make it completely impossible. Outside the introduction and conclusion, this thesis consists of three logically consecutive chapters, viewed from the perspective of the protection of creditors. The initial chapter has essentially definitional character needed to determine the scope of my work and therefore is as brief as possible. The first chapter deals with the term creditor, as a concept, defining the group of persons, on whose protection I am focused in my thesis and with the concept of liquidation process as a term for the cancellation of a company without...