Withdrawal of the activity licence of investment firms upon request

If an investment firm does not wish to continue its activities any longer, it must obtain authorisation from the Magyar Nemzeti Bank (MNB).

Kulcsszavak: investment firm, brokerage firm, investment service, portfolio management, investment advice, financial instrument, securities buying and selling, broker, own account trading, additional service

An investment firm may not discontinue the performance of its activities without the MNB’s authorisation therefore, it needs to submit an application to that effect.

Applications and the relevant attachments must be submitted by investment firms 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 formal requirements of electronic documents can be found on the MNB’s website at the following link:

https://www.mnb.hu/letoltes/tajekoztatas-az-e-ugyintezesrol-az-mnb-elotti-engedelyezesi-eljarasokban-1.pdf

Engagement in investment service 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.

For authorising the withdrawal of the activity licence of investment firms upon request, it must be certified that the investment firm has settled all undisputed debts owed to clients, or that its contractual liabilities have been assumed by another investment firm. The MNB may stipulate certain conditions and requirements, which must be satisfied, in accordance with the relevant regulations, before the investment firm is permitted to terminate operations.

The authorisation procedure is free of charge.

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 resolution or 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

Act CXXXIX of 2013 on the Magyar Nemzeti Bank (Central Bank of Hungary)

MNB