Budapest, 10 February 2020
In recent months, the Magyar Nemzeti Bank (MNB) placed numerous new contents on its revised Licensing sub-site, with the aim to facilitate the submission of the applications related to the licensing procedure and to improve the quality of the applications. Relying on its licensing experiences, the MNB published Q&A, collecting the most frequently arising questions, prepared manuals for the compilation of the regulations to be submitted in the course of the licensing procedures, which provide a detailed description of the mandatory content elements of individual regulations and assistance for the mapping of the content elements with the legislative requirements.
The ongoing update of the licensing guides and the possibility of personal consultation before the procedures are also meant to ensure that the applicants can prepare as much as possible for the submission of the application in high quality and attach annexes compliant with the laws.
In parallel with this the MNB calls the attention that – if despite providing the aforementioned support – the applicants fail to comply with the provisions of the MNB’s call for supplementation or comply with those only partially, or the quality of the application, the supplementation or of the attachments does not permit the efficient conduct of the licensing procedure, the MNB will make use of the option to reject the application or terminate the procedure.
How can I submit the application?
Legal entities and legal representatives may only submit the application electronically through the MNB’s dedicated “ERA” service: https://era.mnb.hu/ERA.WEB/
Natural person clients: Natural person applicants, not obliged to use electronic communication – if they do not rely on the services of a legal representative – may submit the application, at their choice
- through the ERA system on the dedicated electronic form
- on the ÁNYK (General Form Filling Framework) form, available in the storage space within the Central Client Registration database, or
- on paper, on the MNB’s dedicated standard form, in the manner and with the content specified there, together with the annex prescribed by the law or other documents prescribed by the MNB. (36/2017. XII. 27.) (Section 3 (2) and Section 4 of the MNB Decree)
Is it possible to submit the application through a registered in-house legal counsel or lawyer?
Yes, but the power of attorney must be attached, containing the electronic signature and time stamp of the registered in-house legal counsel/lawyer; the MNB also reminds the applicants that legal representatives are obliged to use electronic procedure even if their principal is a natural person.
Is it necessary for all persons authorised to represent the applicant company to register for the ERA system?
No. The External Signature service of ERA provides persons who have not registered for the ERA system, but their signature is necessary during the administrative procedure (e.g. official signatories), with the opportunity to sign the electronic form during the electronic administration. However, the MNB calls the attention to the fact that if the applicant is a legal entity, the application must be signed – if no legal representative is used – in accordance with the signature of the firm (independent or joint right of representation).
On what form should I submit the application?
Legal entities and their legal representatives subject to electronic administration shall submit applications to the MNB on the form dedicated in the ERA system to the respective licensing procedure. The documents necessary in the respective licensing procedure must be also attached to the form as annex (for the annexes necessary in the individual licensing procedure see the Licensing subjects box of the website).
Natural person applicants not obliged to use electronic communication may download the standard forms from here.
What should I do with large-sized documents?
If the size of the documents – in aggregate or individually – exceeds 12 MB, it is recommended to use the Management of Large Files (NAK) service. https://era.mnb.hu/ERA.WEB/contents/sugo).
Is it necessary to provide a Hungarian translation when the applicant is non-resident and/or foreign-language documents are submitted?
[Article 50 (1) and (3) of the MNB Act, and MNB Decree 28/2013 (XII.16) on the Languages accepted by the Magyar Nemzeti Bank and generally used in the international financial markets] [Article 50 (1) and (3) of the MNB Act, and MNB Decree 28/2013 (XII.16) on the Languages accepted by the Magyar Nemzeti Bank and generally used in the international financial markets] In other cases, during its administrative procedure the MNB may waive – in the absence of an adverse party – the mandatory use of the Hungarian language and the submission of the documents in Hungarian. In this case the MNB may prescribe (or the laws applicable to the respective sector do prescribe) the preparation of a summary of the documents in Hungarian.
Is it mandatory in the licensing procedure to submit public instruments issued abroad in legalised form?
No. If any doubt arises in respect of the authenticity or the content of the public instrument issued abroad, the MNB calls upon the client to present the legalised public instrument issued abroad. [Article 49 (11) of the MNB Act]
May all necessary annexes be attested by a lawyer or a registered in-house legal counsel?
No. Public instruments (e.g. extract from the judicial record, document proving the qualification) – in order to retain their public instrument quality – may only be accepted electronically in the form of an electronic true copy prepared by a notary public.
How long is the procedure?
According to the principal rule, the administration deadline is 3 months; however, the deadline restarts upon the submission of missing documents, and it is also possible to prolong the deadline. In matters of 3-month administration deadline the MNB issues a call for supplementation within 45 days (if necessary). If the MNB called upon the client to submit missing documents, the administration deadline shall be calculated from the submission of all documents in full. In certain licensing procedures the administration deadline may be prolonged, in justified cases, on one occasion by three months at the most. [Article 49(3)-(4) and Article 61(1) of the MNB Act]
Contrary to the principal rule mentioned above, the administration deadline differs in the case of certain administrative procedures (e.g. issuer licensing subjects, portfolio transfers, procedures aimed at the authorisation of the acquisition of qualifying holding). For more detailed information related to the specific deadlines applicable to the individual procedures see the Q&A related to the individual licensing guides in the Licensing subjects box of the website.
Is it possible to consult the MNB prior to submitting the application?
Yes, it is possible to conduct personal consultations prior to submitting the application. You can indicate your intention to do so here.
Do the MNB’s licensing procedures entail a fee?
Yes. Pursuant to MNB Decree 14/2015 (V.13.) certain licensing procedures are subject to a fee; the fee shall be payable simultaneously with launching the procedure to the MNB’s account No MNB 19017004-01673000-30900007 and the document proving the payment must be submitted as an annex to the application for launching the procedure. For the exact tariffs payable for the individual procedures see the #Licensing subject box. The narrative field of the payment order should indicate the name, tax number or tax identification number of the client initiating the procedure, or in the case of clients with no tax number the identification code issued by the MNB – at the client’s request – after the launch of the licensing or registration procedure, and the title of the licensing or registration procedure.
When fulfilling a call for supplementation to pay the administrative service fee, the narrative field of payment order shall indicate the case number of the call for supplementation and the client’s tax number or tax identification number, or the code issued by the MNB to clients with no tax number.
If necessary, may the applicant also ask for the prolongation of the procedure?
Yes, the applicant may ask for the prolongation of the procedure, if there is a legitimate reason for that; in addition, the applicant may also request on one occasion that the procedure should be suspended, based on Article 49(8) of the MNB Act. Please note that after a suspension of six months – if the procedure is not continued – the procedure will be terminated.
May the applicant ask for the prolongation of the deadline for supplementation?
Yes. Based on the rules applicable to submission of the application, the applicant may also ask for the prolongation of the deadline for supplementation.