Excessive effort to regulate the legal relations in business law (not just) in the parliamentary proposal to reinstate mandatory codetermination
Abstract
The purpose of this lecture was to inform the participants of the colloquium with the parliamentary proposal to reinstate the mandatory codetermination. The author objected the idea according to which members of the supervisory board elected by the company's employees shall be obliged to disclose to the general meeting every their differing opinion.
This regulation would lead to the opposite effect that member of the supervisory board would rather have no differing opinion actually. In this context the contributor reminded that reinstating of mandatory codetermination is at the present time being discussed in Great Britain too.
In the second part of the contribution the author focused on the amendment Nr. 161/2016 Coll. to the Court Fees Act which has enabled cheaper establishing of the limited-liability companies. He concluded that even though the core idea is right, the legal implementation is not.
There is no reason why should be exempted of court charges just those company's members who indicate in the memorandum of association only the mandatory requirements.