What does the Law of Business Corporations Capital Commercial Companies, their Shareholders and Creditors? Cover Image

Co přinese zákon o obchodních korporacích kapitálovým obchodním společnostem, jejich společníkům a věřitelům?
What does the Law of Business Corporations Capital Commercial Companies, their Shareholders and Creditors?

Author(s): Stanislava Černá, Ivanka Štenglová, Petr Čech
Subject(s): Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: legal regulations; greater application demands;mominimal registered capitalnistic organisational structure;

Summary/Abstract: The article assesses the legal regulation of Czech joint stock and limited liability companies in the light of the recodification statutes (the Companies Act No 90 of 2012 and the Civil Code No 89 of 2012) which are to come into effect on 1 January 2014. It emphasises the massive stratification of the legal regulation of these companies resulting from the strengthening of the subsidiarity of civil law and greater application demands on the average user associated with it. It alerts to the major changes brought by the recodification, especially the possibility of incorporating shares in a limited liability company in securities, reduction of the minimal registered capital of a limited liability company and breaking the ban of unilateral withdrawal of a member from a company. The article also highlights the option of issuing innominate types of shares in the joint stock companies and limited liability companies as an expression of growing freedom of contract. It provides a critical view of the incomplete regulation of monistic organisational structure of the joint stock companies.

  • Issue Year: 20/2012
  • Issue No: 4
  • Page Range: 325-334
  • Page Count: 10
  • Language: Czech
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