We cannot do it alone... - or the joint tenderers and eligibility criteria

It happens in case of complex projects that an economic operator oneself would not be able to meet all criteria specified in the tender, there is also a possibility in such a case that it submits a bid together with someone else in public procurement procedure. It is worth reviewing that which conditions have to be or may be fulfilled by the tenderers jointly in this situation and which conditions are which one of the tenderers needs to meet.

Whether the member of the limited liability company may transfer the pre-emption right to a third party?

The former laws on business associations unambiguously excluded the transfer of pre-emption rights of members. Since the section on sale of the old Civil Code included a rule that the business organisation may designate the person who is entitled to exercise the pre-emption right, the question may arise whether this rule may be applicable in the company law according to the new Civil Code?

The pitfalls of credit counselling service

The amendment entering into force on 21 March 2016 of Act on Credit Institutions and Financial Enterprises introduced the credit counselling service as a new auxiliary financial measure, which requires authorization. However, a number of practical questions have arisen since the amendment as to when certain counselling services fall within the concept of the new service requiring authorization.

Construction regulations - Liability insurance

The amendment of Act on the Formation and Protection of the Built Environment will enter into force in September, according to which government decree may require liability insurance for construction and building activity to be carried out in a residential building with a total useful floor area of up to 300 square meters. According to the new regulation, the architectural designer and participants in the construction have to have liability insurance for the construction of residential buildings falling within notification requirements instead of construction permit.

Experiences on the NET programme from the perspective of the creditor bank

Nemzeti Eszközkezelő Zrt. (NET Zrt.) was established in accordance with the action plan for the protection of family homes specified by the Hungarian Banking Association and the Hungarian Government, with the task to purchase the homes of debtors who are most disadvantaged socially. Within this framework, the legislator made Act CLXX of 2011 on the protection of the homes of natural persons unable to fulfil their obligations arising from loan agreement, aimed at finding a solution for the situation of the debtors heavily indebted due to the mortgage loan agreement, which is acceptable both to the creditors, debtors and the State.

Financing for seed and start-up companies after JEREMIE initiative

There is noticeably less financing opportunity after the end of the allocation period of the JEREMIE initiative on the Hungarian market, at the same time it provides an occasion for the use of the resources of the private sector. However, private investors applying instead of the Jeremie funds functioning in a relatively predictable and well controlled way, contract with very different conditions, thus it is worth considering carefully what resource the company actually needs.

Liability issues relating to the accounting of the JEREMIE initiative

The local venture capital market has undergone significant developments due to the JEREMIE initiative launched in 2009 because 28 managing authorities participating in the initiative received mandate to pay out subsidy of HUF 131, 5 billion in order to boost the Hungarian SMEs sector. The allocation period just ended on 31 May 2016 but numerous irregularities have been already revealed. The expert of KRS Attorneys-at-Law, Dr. Attila Pintér was questioned about the liability of the managing authorities participating in the initiative and about repayment obligations.

When is the termination of liquidation contract illegal?

Under the regulation of Act XLIX of 1991 on Bankruptcy Proceedings and Liquidation Proceedings (hereinafter referred to as “Cstv.”), due to the insolvency of so called economic operators specified therein, a multitude of ex-officio proceedings initiated by debtors or creditors are ongoing. Since the economic operators, in many cases, perform their economic activity across borders – and the territory of the European Union is mainly worth mentioning here – it is good to know when and which law shall govern during liquidation proceedings.

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A full-day conference on employment was organised by HR Portal and KRS Attorneys-at-Law on 24 May 2016 at the Glass Hall of MÜPA (Palace of Arts) in Budapest. The most leading experts in all areas of employment made presentations and also answered to the questions of the audience.