What does the Law of Business Corporations Capital Commercial Companies, their Shareholders and Creditors?
Vol.20,No.4(2012)
Abstract
Pages:
325–334
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.
325–334
Author biography
Stanislava Černá
Faculty of Law, Charles University, Prague
vedoucí
Copyright © 2016 Stanislava Černá, Ivanka Štenglová, Petr Čech