A vacant membership interest is not an emerging concept in Czech law; disposition of vacant membership interest was regulated already by Section 113(5) and 113(6) of the then applicable Commercial Code. The legislative rules, however, were criticised for being incomplete and hence difficult to be applied: regulated as transferable to the company, the vacant membership interest could be transferred by the company to another company member or third party; if the membership interest was not transferred, the company was required to reduce its registered capital or distribute the vacant membership interest among the remaining company members. The newly enacted amendments have impacted a number of related concepts, introduced a liberalised company law regime and weakened the relationship between company members and companies. The calls on the government from the professional public to introduce a more flexible company law regime, give way to contractual freedom and expand the circumstances in which the company members have a right to withdraw from the company have been heard. The concept of vacant membership interest, now constructed on the principle of company member's representation, was completely revised. The rules introduced by the re-enacted Business Corporations Act are quite complex and detailed;...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:453863 |
| Date | January 2021 |
| Creators | Donátová, Elena |
| Contributors | Černá, Stanislava, Liška, Petr, Zahradníčková, Marie |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/doctoralThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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