Hire a lawyer who will represent the company; create the company deed and prepare any other necessary legal document
The company must be represented by a lawyer during the registration process. The lawyer’s commission fee is subject to free agreement, and it depends on the complexity of the case.
Time and cost: 1 day, HUF 100,000-260,000, varies according to the complexity
Open a bank account and deposit the capital
Companies must open a bank account and deposit their capital.
The current legislation envisages certain restrictions that relate to dividend distribution and apply to those founders who pay less than 50% of the required minimum paid-in capital at the time of incorporation. Furthermore, such founders bear liability for the company’s obligations in the amount of their outstanding obligations. These provisions are stipulated in the Section 3:162 of the Civil Code.
Time and cost: 1 day, no charge
Apply for registration at the Registration Court (simplified electronic registration)
Agency: Registration Court
The Tax Authority examines if the request for company’s registration was submitted to the Court of Registration. The Tax Authority can refuse to issue a tax number if a hindrance (e.g. tax debt exceeding HUF 15 million) exists regarding a managing director, an owner entitled to represent the company or an owner/majority shareholder. The Tax Authority also examines these circumstances and hindrances in case there is any change in the above enlisted persons.
The Registry Court receives the application for registration, and after a certificate is issued with the company’s name, address, temporary tax and statistical number and the number of reference of the registration. If the National Customs and Tax Authority consider that the founder or the managing director falls under suspicion according to the above detailed statutory obstacles, Tax Authority does not duly send the tax number of the company to the Registry Court within one working day and the registration process will be suspended for the period of the pending investigation.
Companies can be incorporated in 2 ways:
- By simplified electronic filing
Incorporation: 2 business days (up to 8 business days)
In the simplified electronic filing, the companies must use a standardized template for the articles of association.
- By standard electronic filing:
Incorporation: 15 business days
As of March 16, 2017, the fee for incorporation has been abolished.
Along with the submission of the registration application, the court also registers companies with the State Tax Authority (for VAT and income tax purposes) and with the Statistical Office through an online system.
Time and cost: 2 days, free of charge for incorporation.
Register with the National Office for Health Insurance
Agency: National Office for Health Insurance (done through the National Tax and Customs Authority)
The company needs to register with the Hungarian Social Security Office. Before commencing an employment, the employer has to file the employee’s data to the Tax Authority, i.e. to notify the Tax Authority on the employment with that employee.
Once the filing is done, the notification is considered to be performed. Data required for each employee:
- Birthdate and place of birth;
- 3.Tax and social securty number;
- The start of the work-contract and the code of the type of employment (i.e., permanent, termporary);
- Field of activity (FEOR statistical code for activity types);
- Weekly working times;
- Education, training or qualifications, as well as the certifications number and issuing entities name.
Time and cost: 1 day, no charge
Registration for Municipal Business Tax
Agency: Tax Department of Municipality
Newly incorporated companies are obliged to register with the municipality for the municipal business tax (helyi iparüzési adó) within 15 days after registration at the company registrar. The information they need to provide includes: company name, seat, tax number, etc. In Budapest this can happen in three ways:
- Download and print the registration form from the municipality´s homepage (https://ssl.budapest.hu/web_hair/ufo.do?_ID=2016-01) and submit filled out form by registered mail; or
- In person at the municipal tax department; or
- electronic filing of the registration form through the e-government system (ügyfélkapú) if one has access to it.
The municipality issues a certificate of receipt for the online registration and, in the case of paper based registration, a stamped certification of receipt. Later on, the municipality issues a local taxpayer-number to the company. The number is sent by mail to the company address. The tax rate in Budapest is currently set at 2% (the maximum limit set by national law; from this downwards the municipality can decide on rebates), payable twice a year.
Starting from 1st of January 2018, the state tax authority can forward the details of a company received via the court of registry by way of electronic means to the municipal tax authority where the company’s registered office is located, provided that the municipal government’s local business tax ordinance is in effect. However, it is still commonly done directly by the entrepreneur with the municipality.
Time and cost: 1 day (simultaneous with previous procedure), no charge
Register with the Hungarian Chamber of Commerce and Industry
Agency: Hungarian Chamber of Commerce and Industry
Economic actors whose registration in the register of companies is mandatory and private entrepreneurs shall within five working days after registration apply for registration in the regional chamber of economy of competence (Section 8/A of Act CXXI of 1999 on Chambers of Economy as amended on January 1, 2012).
Chamber registers shall contain the following particulars of economic operators:
- Registered seat, establishment(s), branch(es);
- Main activity, and the activity or activities actually performed;
- Tax number;
- Bank account number(s);
- Classification according to the Act on Small and Medium-sized Enterprises and the Support Provided to Such Enterprises;
- Electronic contact information (e-mail, website);
- Name of legal representative, and – in the case of voluntary disclosure, upon the economic operator’s specific request – name of the designated contact person, including contact information.
Time and cost: 1 day (simultaneous with previous procedure), annual contribution of HUF 5,000