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Company Registration in Hungary
COMPANY
REGISTRATION
IN HUNGARY
BY- HARSHIT SHARMA
IMPORTANT FACTS ABOUT
HUNGARY
STARTING UP IN HUNGARY
The primary act of law in Hungarian company law is Act 4 of 2006 on Business
Associations (Companies Act). The procedures on founding, implementing changes
in data and winding up of Hungarian associations are primarily governed by Act V of
2006 on Public Company Information, Company Registration and Winding-up
Proceedings (Company Procedures Act).
Under the Companies Act, business associations may be founded by non-resident
and resident natural persons, legal persons and business associations without legal
personality. International treaties may contain regulations in derogation from these
provisions in respect of the participation of non-residents in Hungarian business
associations.
AUTHORITY GOVERNING
COMPANY REGISTRATION IN
HUNGARY
The law may require a special permit from the authority for the foundation of
a business association (foundation permit), such as, for instance, companies
with an interest in financing, insurance or capital market activities, which
may only be founded with approval from the Hungarian Financial
Supervisory Authority (PSZÁF).
MAIN FEATURES FOR
SETTING UP A HUNGARIAN
COMPANY
• Company income tax (CIT) has two rates: 10%
on up to €1.8 Million of profits, and 19% on
profits above.
• Being a full member of the EU, dividends received from EU companies are not subject to CIT, and there
is absolutely no withholding tax imposed on dividends paid by Hungarian companies to their overseas
parent company
• Hungary company formation is not
perceived as an offshore corporate
structure in a tax haven
• Only one shareholder
and one director is
required
• Corporate
shareholders are
permitted
• Investors considering Hungary company formation can take
advantage of the double taxation treaties the country has signed
with other states
• Details of the beneficial owner of the
company are not available for public
viewing
• Can be fully owned and controlled
by international directors and
shareholders
PROCESS FOR COMPANY
REGISTRATION IN HUNGARY
Registration Registration Data
Preparation Opening of with with
of Corporate Bank Hungarian Hungarian
Provision on
Documents Account Court of Tax
Employees
Registry Authority
to Tax
etc. Authority
STEP-1: PREPARATION OF CORPORATE
DOCUMENTS BY A HUNGARIAN
ATTORNEY-AT-LAW
STEP-2: OPENING OF BANK
ACCOUNT
STEP-3: REGISTERING THE COMPANY AT THE
HUNGARIAN COURT OF REGISTRY AND
OBTAINING A TAX IDENTIFICATION NUMBER.
REQUIRED DOCUMENTS
•Instrument of constitution on a standard form
•Declaration to the Tax Authority to get the company a tax number
•Authorizations of the legal representative (the counsel), or the certification of the right for
representation
•Certificate of payment of administration fees and fee of disclosure
•List of members
•Declaration of the CEO not to be subject to forbidding according to Gt. 23.§ Certificate of the
payment service provider for depositing the contribution in cash,
•Declaration of the CEO for giving free run of contribution in-kind as well as the assessment
declaration of the members concerning the contribution in-kind.
STEP-4: REGISTRATION
WITH OTHER HUNGARIAN
AUTHORITIES
Taxpayers who are required to register their company are also required at the same
time to report to the state tax authority within 15 days of the submission of the
company registration application with regard to information that does not appear in
the application for company registration. Similarly, all taxpayers have an obligation
to report to the local tax authorities, within 15 days of the commencement of
activities there by the taxpayer (e.g. with regard to local business taxes).
Pursuant to the Decree Implementing the Act on Social Security Pension Provision,
the obligation to provide information relating to the NYENYI (Individual Pension
Insurance Record) form may also be fulfilled through electronic administration. The
obligation to provide information relating to the Individual Pension Insurance Record
Form may be fulfilled using the e-NYENYI service of the Central Administration of
National Pension Insurance.
STEP-5: DATA PROVISION ON
EMPLOYEES TO THE TAX AUTHORITY
Once they have registered at the Client
Gateway, employers are obliged to submit
electronically on the Government
Portal the data stipulated by law relating to
their employees, on the form drawn up for this
purpose, for the competent State tax authority
of first instance, by no later than the first
day of the legal insurance relationship
prior to commencement of employment.
IMPORTANT LINKS AND
FORMS FOR COMPANY
REGISTRATION IN HUNGARY
Reporting the commencement of activities as a sole trader
Electronic company registration
Information on electronic company procedures
Ministry of Public Administration and Justice, and the Company information and Ele
ctronic Company Registration Service
Online company information service
Advising of new and terminated employment relationships
Provision of information relating to the individual pension insurance record form
Premises license
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