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Register of book-entry securities maintained by an issuer

Publication at Faculty of Law |
2019

Abstract

Book-entry or immobilized securities are one of the investment assets that are offered as a consideration in offers or campaigns conducted on so-called crowd-investing platforms. However, there are many difficulties associated with the use of this legal construct, the most important of which is the fact that only a limited group of regulated entities is authorized to keep records of securities.

This contribution therefore addresses a relatively new issue discussed, namely the possibility of keeping records of book-entry securities by their issuer. The first part of this contribution introduces the institute of book-entry securities and their records as defined in the relevant Czech laws, including a comprehensive analysis of the group of entities authorized to keep relevant records.

In the next part, the issue of registration of book-entry securities by their issuer is addressed, including the reflection of relevant foreign best practice. In the last part of the paper, the author presents his own reflection of the issue de lege ferenda, including the proposals for potential future legislative approach to this issue.