The foundation of an investment firm does not require authorisation; only the activities that it intends to carry out are subject to authorisation; thus, the court of registry procedure related to the foundation of the company may be conducted even before the activity licence is issued, with the proviso that any activity of the company that is subject to authorisation must be commenced only after the activity licence has been issued.
Applications for authorisation of the activities of investment firms and the relevant attachments must be submitted by economic operators acting as customers or their legal representatives through the MNB’s ‘ERA’ system (Electronic System for Receiving Authenticated Data). Detailed information on e-administration and on the substantive and formal requirements of electronic documents can be found on the MNB’s website under the following link:
Engagement in investmentservice activities without authorisation constitutes a criminal offence, and the MNB may commence a market surveillance procedure if it suspects engagement in unauthorised investment service activities.
If the MNB finds that an activity is performed without authorisation, it will:
a) prohibit the activity,
b) initiate criminal proceedings if, in its opinion, a criminal offence is involved under the Act on the Criminal Code,
c) apply measures or exceptional measures, and/or
d) impose a market surveillance fine.
If the submitted application contains insufficient information, within 45 days of receipt of the application the MNB will request that the applicant to submit supplementary information. In the case of complete applications, the MNB will make a decision within three months of receipt of the application.
A detailed guide to the authorisation of the activities of investment firms is available at: https://www.mnb.hu/letoltes/2-1-1-1-engedelyezesi-utmutato-befektetesi-vallalkozas-tevekenysegenek-mtf-otf-mukodtetesenek-engedelyezese.pdf
An FAQ (frequently asked questions and answers) page on the authorisation procedure for the activities of investment firms can be found at the following link: https://www.mnb.hu/letoltes/2-1-1-2-eljarassal-kapcsolatos-gyakori-kerdesek-es-valaszok.pdf.
Information about the policies to be attached to the application for the authorisation of the activities of investment firms can be found at: https://www.mnb.hu/felugyelet/engedelyezes-es-intezmenyfelugyeles/engedelyezes/szektorok/tokepiac/befektetesi-vallalkozas/tevekenysegi-engedelyezese/szabalyzatokkal-kapcsolatos-informaciok.
The authorisation procedure is subject to the payment of an administrative service fee of HUF 1,100,000.
Additional information about the administrative service fee is available under the following link:
Magyar Nemzeti Bank, Money and Capital Markets Licensing Department
The MNB’s decision (resolution or ruling) may not be appealed; however, customers whose rights or legitimate interests are directly affected by the decision may initiate administrative court proceedings within 30 (thirty) days of the disclosure of the resolution or ruling on the grounds of infringement, by submitting an application initiating proceedings to the Budapest-Capital Regional Court.
Legal representation is mandatory in the court proceedings. The application must be addressed to the Budapest-Capital Regional Court, and submitted electronically through the MNB’s form submission support service.
(The form submission support service can be accessed at: https://www.mnb.hu/felugyelet/engedelyezes-es-intezmenyfelugyeles/hatarozatok-es-vegzesek-keresese)
The submission of the application has no suspensive effect on the enforceability of the decision or the ruling, but the customer may request interim relief. As a general rule, the court rules in the proceedings without holding a hearing; however, the customer may request a hearing in the application. If no hearing is requested, a hearing may not be requested later on during the appeal procedure.
An application for remedy may be lodged by any party who goes over a time limit or misses a legal deadline during the procedure for reasons beyond their control.
Additional general information about the authorisation procedure is available at: https://www.mnb.hu/felugyelet/engedelyezes-es-intezmenyfelugyeles/engedelyezes/tajekoztatok
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Act CXXXVIII of 2007 on Investment Firms and Commodity Dealers, and on the Regulations Governing their Activities
the Commission Delegated Regulation (EU) 2017/1943 of 14 July 2016
the Commission Implementing Regulation (EU) 2017/1945 of 19 June 2017
Act CXXXIX of 2013 on the Magyar Nemzeti Bank (Central Bank of Hungary)
Decree No 14/2015 (V. 13.) MNB on the Administrative Service Fee of Certain Authorisation and Registration Procedures Performed by the Magyar Nemzeti Bank in the Framework of the Supervision of the Financial Intermediary System and with Regard to Fiduciary Asset Management Companies