Claim trading as a misuse of law

Matějková, Ing. Jitka; Pavelek, Ondřej

doi:10.1080/17521440.2019.1582204

Cited by 2 publications

(2 citation statements)

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“…As an example, according to Matejkova and Pavelek (2020), we can cite a situation with four managers, where the social contract determines that each manager can act independently (determining the method of the manager's actions), but for the conclusion of a contract, the fulfillment of which is greater than EUR 30,000, the consent of all the executives is required.…”

Section: Limitation Of Executive Authorization and Determination Of T...mentioning

confidence: 99%

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

Peráček

KAŠŠAJ

2023

Laws

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The rights and obligations of an executive as a top manager of a limited liability company seem to be a long-settled question. However, the opposite is true. We were particularly interested in the question of the rights and obligations of the manager as a statutory body of the most widespread type of business company. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason for this is the fact that it is a business–legal relationship and the protection provided to the executive in relation to the business company is based only on their mutual contractual basis. In addition to the examination of managerial knowledge and skills, we focused primarily on a critical analysis of the legal definition of the rights and obligations of an executive and their responsibility towards a limited liability company. As part of our research, we analyzed extensive jurisprudence, which completed our understanding of the concept of an executive and also defined the framework of not only their actions, but especially their rights and obligations. To achieve our goal, we used several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, and description. We critically evaluated the results of our research and compared the development of Slovak and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answered the research question of whether legislative intervention is necessary for the already existing rights and obligations of a manager in relation to their limited liability company. This analysis of the rights and obligations of the manager of a limited liability company has several implications for both managers and companies as a whole, such as managerial autonomy, accountability, responsibility, and the balance of power. The research findings highlighted the significant decision making authority granted to managers. The obligations identified in the analysis emphasized the need for managers to act responsibly and be accountable for their actions. The rights and obligations of managers need to be balanced with the interests of other stakeholders, particularly the company’s members. In conclusion, the critical analysis of the rights and obligations of the manager of a limited liability company, based on the managerial legislative basis, revealed that managers possess decision making authority, profit distribution rights, limited liability protection, and entitlement to compensation. However, they are also obligated to fulfill fiduciary duties, comply with laws and regulations, maintain proper records, and exercise due care. The research underscored the significance of managerial autonomy, accountability, and a balanced exercise of power in a limited liability company. By understanding and adhering to their rights and obligations, managers can effectively navigate their roles while contributing to the success and sustainability of the company

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Section: Limitation Of Executive Authorization and Determination Of T...mentioning

confidence: 99%

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

Peráček

KAŠŠAJ

2023

Laws

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“…The focused topic has been analyzed by many authors from a different point of view, e.g., the regulation of public services (Skora et al 2022;Săraru 2023), the aspect of e-commerce and securities (Gregusova et al 2016;Peráček 2021Peráček , 2022, the aspect of the review of national court judgments (Funta and Králiková 2022), and the misuse of law (Matejkova and Pavelek 2020).…”

Section: Theoretical Basismentioning

confidence: 99%

Determination of Public Supervision Aspects and Legal Pillars of Activities of Financial Agents in Central European Countries

Sidak¹,

Slezáková

Hajnišová

et al. 2023

Administrative Sciences

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Financial intermediation can be performed by certain types of financial agents or financial brokers in selected European countries. Using primarily analysis and the comparison, the authors focus on certain legal aspects of distribution of financial services in selected Member States of the EU and the EEA, providing a comparative legal analysis. In Slovakia, it is being focused on the subordinate financial agent. The subordinate financial agent is an entrepreneur entitled to perform financial intermediation. The subordinate financial agent belongs under the delegated supervision of the independent financial agent. The paper deals with a consideration de lege ferenda, a change to the relevant legislation according to which the subordinate financial agents could belong to the supervised financial market entities. The authors provide pros and cons regarding the direct supervision of this entity realized by the National Bank of Slovakia. The paper is being prepared by using analysis, synthesis, the inductive method, the deductive method, and the comparative method. When regulating distribution of financial services on the European level, the Insurance Distribution Directive had played a key role. Mainly due to protection of financial consumers, the subordinate financial agent should belong under the direct supervision of the National Bank of Slovakia.

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Claim trading as a misuse of law

Cited by 2 publications

References 0 publications

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

Determination of Public Supervision Aspects and Legal Pillars of Activities of Financial Agents in Central European Countries

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