Business management of a capital company

1 Abstract Business management of a capital company This thesis deals with the issue of business management within capital companies. In the absence of a legal definition of this concept, its meaning is defined mainly through doctrine and case law. The thesis analyses the definitions provided in literature and in judicial decisions, including tracing their overlaps, and summarises them. Subsequently, the concept of business management is defined negatively, first depending on the degree of unusualness or ordinariness of the business decision made, and then depending on the type of activity performed. In the first case, business management is primarily distinguished from strategic and conceptual management and from the basic framework of business management. This distinction is particularly important because it is only in the area of business management that the law forbids to give instructions to the statutory body. In the second case, it is necessary to differentiate between the different types of competence of the statutory body, where, in addition to business management, the statutory body is mainly entitled to the representation of the company in all matters, alongside being entitled to perform activities carried out in relation to the other bodies of the company. The next part of the thesis presents..