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EN
Article topic „Legislative development of statutory body in a joint-stock company“ is analyzed from the periods when the first legislative codes have been accepted, what means Commercial Code 1/1963 that has been a base for Ugrian Commercial code, article XXXVII from 1875. The author has provided a complex view on the development of statutory body in a joint-stock company. He focused not only on the position of statutory body in a joint-stock company stated in the Commercial Code but he also concentrated on the related legislative sources. The article is split into three periods, from the first published codes to 1918, from 1918 to 1949 and from 1949 until now. It is author’s intention to apply these three time intervals due to the significant social and political changes that have seriously impacted legislative changes in the joint-stock company and its statutory body. It can be stated that in spite of numerous legislative changes impacting statutory body in a joint-stock company, these were logical and systematic and contributed to the current version of the Commercial Code, 513/1991.
EN
In the paper, the author deals with the question whether a member of a statutory body may be considered as a worker / employee according to the EU law in the performance of his / her duties. Following that question, she analyses the possibilities for determining the competences and jurisdiction of the labour courts within the meaning of the Brussels I Regulation, in which a natural person in the status of a worker enjoys a privileged legal status, as opposed to that of a participant in the civil and commercial matters.
EN
Bank-receivership represents a strict limitation for shareholders rights and competencies of all bodies of the related bank. It is a reorganisation and restructuring measure which may also impact upon the existing rights of the third persons, including the possibility of suspension of disposal by depositors of their deposits and the suspension of payments and clearing in a bank subject to forced administration. Upon introduction of forced administration, the execution of functions shall be suspended for all bodies of the bank and officers of the bank and the duties of the board of directors and the supervisory board are transferred to the forced administrator of a bank. At the same time, the rights of shareholders are suspended to the specified extent, except for the right to participate and vote at a general meeting convened by the forced administrator of a bank. During this time, the term of office of members of the statutory body and the supervisory board does not elapse. The author deals with the several significant application problems arising specially in the legal regulation of bank-receivership performance, also known as forced administration over a bank, according to Slovak Act on Banks. At first, he provides short introduction into legal regulation of forced administration and in accordance with its purposes and intentions gives proposals for appropriate amendments in systematic order of Slovak Act on Banks. Consequently deals with partial application problems as following: introducing forced administration over a branch office of a foreign bank from non EEAState, the Fit and Proper assessment of forced administrator of a bank, deputy administrator of a bank and their hired professional advisor for receivership purposes, professional competence and integrity of persons appointed as forced administrator and deputy administrator of a bank by the National Bank of Slovakia (NBS) as the financial market supervisory authority, conducting of rights and duties of forced administrator of a bank pursuant to provisions of Act on Banks, etc.
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