As we already covered in a previous article, business organisations must communicate electronically with the state from 1 January 2018 based on Act CCXXII of 2015 on the General Rules of Electronic Administration and Trust Services. The state enables documents to be sent and received via the business gate. A business organisation can register on the business gate via a duly authorised natural person, or their authorised representative based on authorisation included in a public or private document with full probative force. We have summarised the most important practical issues that arise when registering for the business gate with authorisation.
Business gate registration – when the person representing the company is a foreigner
The form is now able to handle cases when the person authorised to represent the business organisation is a foreign national not included in the registry of Hungarian persons/residents, and an authorised representative proceeds on their behalf when registering for the business gate. So far this triggered an error during the business gate registration, preventing the sending of the form. In this case, the person making the registration must select that the authorised representative is a “olyan külföldi személy, aki nem szerepel a magyar személy-nyilvántartásban” (i.e. foreign individual not included in the registry of Hungarian persons). It is then impossible to enter the personal identification and contact details of the authorised representative, but a copy of the document suitable for verifying personal identity (e.g. passport) must be attached under point 3 of block VI on the form entitled „Egyéb dokumentum(ok)“ (i.e. Other documents).
Proposed content requirements for the authorisation
It is recommended that the authorisation should cover the business gate registration, the creation of the business gate access and reporting the official contact details of the business organisation to the E-Administration Register. Moreover, it is also recommended to record the particulars of the person authorised to use the business gate as well as the email address which has been set as the general contact address for the business gate.
Which documents should be attached?
During the business gate registration, it is necessary to attach the document certifying that the business organisation is listed in the official company registry – the certificate of incorporation for business organisations – under point 1 of block VI on the form; this document may not be older than 30 days. The signature sample or the specimen signature of the person authorised to represent the business organisation must also be attached under point 2 of block VI on the form. The authorisation must be uploaded under point 3 of block VI on the form.
Based on the above we recommend that you carry out the business gate registration as soon as possible since if the business organisation fails to meet this obligation by 31 December 2017, the body in charge of electronic administration will initiate a regulatory supervision procedure or an official follow-up.
