Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Hungary: Rescue procedures in insolvency
Phase
Act V of 2006 on company disclosure, court company proceedings and liquidation;
Act 49 of 1991 on bankruptcy and liquidation proceedings;
Act 64 of 2021 on restructuring and the amendment of certain laws for law harmonisation purposes;
Act 99 of 2021 on temporary rules related to the state of danger
Native name
2006. évi V. törvény a cégnyilvánosságról, a bírósági cégeljárásról és a végelszámolásról;
1991. évi XLIX. törvény a Csődeljárásról és a Felszámolási eljárásról;
2021. évi LXIV. Törvény a szerkezetátalakításról és egyes törvények jogharmonizációs célú módosításáról;
2021. évi XCIX. Törvény a veszélyhelyzettel összefüggő átmeneti szabályokról
In 2021, Act 64 of 2021 on restructuring was enacted in order to harmonise with EU law. A company can also apply for bankruptcy or liquidation under Act 49/1991 with provisions in the law for voluntary reorganisation. A company facing financial difficulties might apply for voluntary reorganisation. The reorganisation agreement must include the following (Act 49/1991, Articles 19-21):
a list of creditors participating in the reorganisation agreement, their classification, the sums of their registered claims recognised or uncontested and the size of their voting rights;
the settlement and restructuring programme approved by the creditors and the method of implementation and supervision;
any modification of performance deadlines, any waiver or assumption of claims and all other factors deemed necessary for the purpose of restoring or preserving the debtors’ solvency; and
the name and mailing address of each creditor, and regarding creditors' committees and creditors' representatives, the specifics of their scope of representation.
If the court, taking into account the creditors' claims, agrees with the reorganisation plan, the company can continue its preparations under the supervision of an appointed administrator. The creditors do not have a say in this decision. Employees must be notified and the announcement published in the Official Companies' Gazette (Cégközlöny). If the voluntary reorganisation plan is not concluded within 120 days from the date of this publication, the court proceeds with the regular bankruptcy proceedings.
Under a change from August 2020 in Act 49/1991, Article 84/A (1)b-c, the state is authorised to practice pre-emption rights in the purchase of companies it recognises as strategically important.
Under changes from December 2021 on temporary rules in the state of danger (the legal status introduced first due to COVID-19 then extended due to the war in Ukraine), exemptions on participation in reorganisation have been set, including insurers, investment and other types of financial service providers (Article 48). Further exemptions are listed in Article 50, which concern undergoing liquidation or bankruptcy procedures and other detailed rules of exemption. An expert on reorganisation must be appointed with many responsibilities during the procedure (Articles 51-53, 55-61, 63-65, 67, 69-70)
Commentary
The number of bankruptcy cases filed in Hungary has been falling steadily from 190 in 2010, to 50 in 2016 and 15 in 2018. Researchers suggest procedures should be simplified and more assistance from the bankruptcy officer should be provided to improve the situation (Barta, 2018). The number of bankruptcy cases went up slightly to 22 in 2019, stayed at 22 in 2021, rose to 30 in 2022, according to court records cited by penzcentrum.hu.
The Hungarian Insolvency register contains data on insolvency proceedings initiated after 26 June 2018. Under current legislation, bulk data access is not permitted. However, users can search the register by entering a name, registration or civil registration number, or case number.
Hungary's "state of danger due to armed conflict in a neighbouring country" was put into effect on 24 February 2022 to last until 31 May 2022. There have been regular extensions to date and there is no official announcement on when the status would end.
The state of danger allows the government to rule by decree, it can suspend or deviate from laws by issuing a decree due to special circumstances and issue emergency legislation.
Additional metadata
Cost covered by
None
Involved actors other than national government
Other
Court
Involvement (others)
Administrator
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
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