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국제법률연구원(ILRI)이 헝가리 현지 로펌과 귀사의 현지진출을 지원합니다.
현지법인 설립 부터 무역등록 및 거주정착 비자 해결 까지 현지진출을 위한 전반적인 업무를 현지 로펌과 함께 안전하게 지원하고 있습니다.
헝가리 진출을 희망하는 기업과 일반인을 현지법인 설립방법과 주재원 비자를 안내합니다.
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본 정보는 국제법률연구원(www.ilri.co.kr) 의 동의없이 영리목적으로는 사용할 수 없으며, 비영리 목적에도 필히 출처를 명기 바랍니다. "출처: 국제법률연구원(www.ilri.co.kr)" 위반시 민형사상 책임을 물을 수 있습니다.
Minimum capital requirements in Hungary
a) Limited liability partnership (LLP): there are no minimum capital requirements
b) Limited liability company (Ltd.): the minimum capital requirement is HUF 3.000.000, that is approximately EUR 12.000.
c) Company limited by shares (Co. Ltd.): the minimum capital requirement is HUF 20.000.000 that is approximately EUR 80.000.
Documents required for the formation of companies
The following documents are required for all types of companies:
1. Articles of Association (or Deed of Foundation), signed by all members.
2. A statement, as to whether the company has reserved a name, or not; and a copy of the decree ordering the name’s reservation.
3. A document authorizing the use of the real estate functioning as seat, place of business, branch office.
4. The certificate of registration (not older than three months) of any foreign members with an official Hungarian translation.
5. Power of Attorney to delivery agent of foreign nationals.
6. The Management’s, the Supervisory Board members’, and the auditor’s declaration of acceptance.
7. Signature specimens of the Company’s representatives.
8. If the auditor is a corporate entity, his/her declaration of acceptance.
9. If real estate is used as a capital contribution, its title deed (not older than three months).
10. Power of Attorney to a Hungarian attorney-at-law.
Additionally, for the establishment of a Limited liability partnership, the following are required:
1. Stamp duty of HUF 50,000 (about EUR 200) for the registration.
2. Certificate of HUF 25,000 (about EUR 100) payment for publication fee.
Additionally, for the establishment of a Limited liability company, the following are required:
1. Members’ list of the quotaholders of the company.
2. Bank certificates proving the payment of cash contributions.
3. The Managing Director’s declaration on confirming the delivery of the contribution in kind, and on its legal grounds, together with the members’declaration on evaluating the contributions in kind.
4. Stamp duty of HUF 100,000 (about EUR 400) for the registration.
5. Certificate of HUF 25,000 (about EUR 100) payment for publication fee.
Additionally, for the establishment of a private company limited by shares, the following are required:
1. A document containing the commitment of the person designated to subscribe the company's shares.
2. Bank's verification of payment of the portion of initial capital payable upon foundation.
3. Statement of the founders on the disposition of in-kind contributions.
4. Stamp duty of HUF 100,000 (about EUR 400) for the registration.
5. Certificate of HUF 25,000 (about EUR 100) payment for publication fee.
For the establishment of a public company limited by shares, certain additional documents are required, which we would explain upon your request.
Processing time
1. Certificate of incorporation: once the company is registered a
certificate of incorporation (company extract) can be obtained within one day.
2. Business registration: once the documents are submitted to the competent Hungarian Court of Registry for registration purposes, the Court of Registry has thirty working days at its disposal to effect the registration.
If the registration request of a limited liability partnership and a limited liability company is submitted to the Court of Registry in an electronic format and using the sample Articles of Association provided by Hungarian law are used, the registration will take place within two working days.
Visa information
Generally, a type “C” visa is required for a short term business trip (It is valid for 90 (ninety) days within a 6 (six) month period). The authority must decide on the application within 30 (thirty) days, and therefore, the application should be submitted at least 30 days prior to the date of the planned entry to Hungary. However, regardless of the term of the assignment, if the assigned person enters into an employment
relationship (or similar relationship), then a type “D” visa is required.
A type “D” visa is required for a long term assignment. (It can be issued if the foreign national intends to enter Hungary in order to work on the basis of a valid work permit). The authority must decide on the application within 60 (sixty) days, and therefore, the application should be submitted at least 60 days prior to the date of the planned entrance to Hungary.
The application for both types of visa should be submitted personally (by the assigned employee) at the relevant Hungarian Embassy according to the permanent or customary place of residence, and the documents verifying the purpose of the entry and the residence are required to be attached to the application form.
The following documents have to be attached:
1. the relevant resolution of the Hungarian Company of their appointment (for management only), a valid passport, photo and stamp duty for the application.
2. a certified document about their qualification or position (an official Hungarian translation is essential), a medical statement (an official Hungarian translation is required), a draft employment contract and personal data, a copy of the Hungarian work permit (if any).
A foreign national who holds a type "D" visa can apply for a residence permit (after the expiry of one year). The application should be filed at the competent Hungarian Immigration Centre 30 days before expiry of the valid visa. The authority must decide on the application within 15 days.
The following documents must be attached to the application for a residence permit:
1. qualifications, occupation or profession,
2. marital status,
3. the reason for entry and stay
4. location of residence (rental contract)
5. financial coverage and purpose of residence,
6. details of the car (if any),
7. official certificate from a doctor stating that the foreign national
does not suffer from any illness endangering public health.
8. valid passport,
9. declaration of the Hungarian residence and details of the travel to and from Hungary.
The foreign national is simultaneously entitled to apply for a residence permit for the members of his/her immediate family.
The residence permit can be issued at first for 1 year and is renewable annually.
Furthermore, please find attached a short summary on the procedure of acquiring the above permits for individuals sent for working purposes to Hungary.
본 정보는 국제법률연구원(www.ilri.co.kr) 의 동의없이 영리목적으로는 사용할 수 없으며, 비영리 목적에도 필히 출처를 명기 바랍니다. "출처: 국제법률연구원(www.ilri.co.kr)" 위반시 민형사상 책임을 물을 수 있습니다.
Immigration requirements for expatriates assigned to or employed in Hungary:
1. Before arriving to Hungary
1.1 Work permit
A non-Hungarian company who wants to send an expatriate to work in Hungary need to insure that the expatriate is in possession of a valid work permit.
The Hungarian company to which an individual will be assigned is obliged by domestic law to hand in a work force demand application form 15 days prior to any work permit application being lodged. The Labour Office will advertise the position in order to determine that a Hungarian national can not fill the position.
Once it has been established that a Hungarian national could not be found, the Labour Office will allow the work permit application. An application form should be submitted to the Labour Office specifying the exact nature of the position to be filled. The work permit application must be accompanied by certificates of qualification, as well as a simple medical certificate stating that the expatriate is fit to carry out the specific job.
There is a possibility to obtain the work permit within 20 days by applying the 5% rule. A company under foreign majority ownership has no obligations to hand in a work force demand application for their expatriates for up to the 5% of the registered labour force on 31st of December of the preceding year.
The permit must be obtained before commencement of the employment. Non compliance could result in a fine equal to twice of the expatriate’s salary paid for the period of being non-compliant.
Given that it takes a further 20 days for the work permit to be approved the process of assigning an individual to Hungary should begin at least 35 days prior to the commencement of the assignment.
Managing directors or representatives of a company officially registered by the court do not need a work permit for acting in these roles. They need to apply for either a visa or a residence permit based on their status registered by the Court of Registration. Please find details below.
The work permit alone does not allow the assignee to work in Hungary, therefore a work visa need to be obtained prior to the expatriate leaving for Hungary. This applies only for non-EU countries.
Individuals from EU countries do not need a visa to enter into Hungary, therefore they should obtain a residence permit.
1.2. Residence visa
Once the work permit has been obtained, the assignees will need to apply for a D type residence visa to enter Hungary for working purpose. The application should be made in the Hungarian embassy or consulate in the expatriate’s home country. Family members accompanying the applicant to Hungary should also apply for family member visas on the strength of their visa.
2. After arriving in Hungary
2.1 Visa and Address registration
The work / income earning visas and the family member visas are “D” type multiple entry visas and can be issued for up to one year for the duration of the validity of the assignee’s work permit. However, these visas on their own do not allow individuals to take up legal residence in Hungary, therefore within 3 days from the date of their entry into Hungary, their Hungarian address should be reported to the immigration authorities. Together with this registration a rental contract and the proof of the leased property’s legal ownership should be provided to the authorities.
Regarding non EU nationals a residence permit will be required for each expatriate when the one-year multiple entry visa expires. The residence permit applications have to be made 30 days before the expiry date of the visa supported by the assignees extended work permit, proof of employment and proof of accommodation in Hungary. In addition, for any family members without independent means of support in Hungary, a formal declaration of support has to be made by the working family member. Proof of enrolment in a school should be given for school-age children.
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이상. 헝가리 진출을 희망하는 기업과 일반인의 많은 문의를 바랍니다.
국제법률연구원(ILRI)
T.02-557-3476
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