Publication details
Převzetí směnečného rukojemství členem orgánu obchodní korporace z pohledu korporátního práva
| Title in English | Statutory body member as aval from the perspective of corporate law |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Obchodní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | bill of exchange; of conflicts of interests; aval; member of statutory body; corporations |
| Attached files | |
| Description | Creditors often require double reinsurance in a commercial relationship with corporations. First, an issuance of a bill of exchange (as a promissory note), which is signed by a member of statutory board on behalf of corporation, is required. Second, the same member of statutory body often signs the bill of exchange as aval as well. Member of statutory body as aval exposes himself to a risk, that creditor will claim payment from the bill of exchange. Also the corporation – for which he signed the bill of exchange as aval – is under risk. The author of this paper focuses on the problem which can occur when a member of statutory board signs a bill of exchange in these two above mentioned cases. She will point out the risks, which threaten the corporation. Finally, the problem of conflicts of interests of the corporation and members of its statutory bodies will be analysed. |
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