In its June´ issue the periodical Obchodní právo (Commercial Law) by Wolters Kluwer has been published an article of professor Alexander J. Bělohlávek „Companies´ Management And Extent Of Ingerence Into Competence Of Their Statutory Bodies“.

As for ingerence in matters of management of companies, especially from shareholders, the Czech law shows a rigorous and at most strict approach preventing such influences. These is an expression of maximum separation of the companies´assets from those of their shareholders, as well as a strict separation of ownership and control. Similarly, the concept of „business conduct“ is quite broad, even though case-law generally also leaves possibility for specific assessment in individual cases. Management includes the organization of a company’s standard business activities, in particular decisions about the operation of the company and its internal affairs. It also includes the creation of short- or medium-term business plans and decisions about them, although the concept of what is or is not strategic management is also subject to changes over time, including in the context of increasing globalization. Although the prohibition on issuance to the management in matters of business operation is absolute and excludes the entrustment of the corporation’s management powers to a body other than the statutory body, the issue of this approach cannot be entrinsed, in particular, for smaller companies or, in particular, for limited liability companies. However, under the current law, it is clearly necessary to reject all attempts to break the possibility of interfering with the exclusive management competence to conduct business without being able to identify with them conceptually and for their purpose.