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1991-06-25
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$Unique_ID{COW01620}
$Pretitle{365}
$Title{Hungary
Regulation of Foreign Investments}
$Subtitle{}
$Author{Hungarian Stock Exchange Courier}
$Affiliation{Embassy of Hungary, Washington DC}
$Subject{real
foreign
estate
investment
privatization
state
property
company
hungary
bank}
$Date{1990}
$Log{}
Country: Hungary
Book: Foreign Policy Basics
Author: Hungarian Stock Exchange Courier
Affiliation: Embassy of Hungary, Washington DC
Date: 1990
Regulation of Foreign Investments
In order to encourage foreign investment in Hungary, it is indispensable
to back up the inflow of foreign capital with legal means. In the recent past
several steps towards liberalization have been taken in this field: as a
result the number of joint ventures has shown an exponential growth in
Hungary. We asked Mr Csaba Repassy, Director in the Ministry of Finance, to
sum up the principal rules relating to investments by foreigners.
- What are the statutes applying to foreign investors?
The Companies Act and the Act on Foreign Investment in Hungary both
entered into force on the 1st of January 1989. These laws provide the legal
framework. The latter Act re-states certain provisions of the former (of
course adding specifics) in order that the foreigner may glean the necessary
information merely by studying a single statute.
- What are the positive changes which have a beneficial impact on foreign
investments compared with the previous situation.
Earlier, foreign individuals were not allowed to make investments in
Hungary, only companies. Now this limitation has been lifted. It is even
possible to set up a fully foreign-owned firm in Hungary. However the
acquisition of a controlling interest is subject to the joint permit of the
Ministry of Finance and the Ministry of Foreign Economic Relations. The said
permit is granted, for practical purposes, automatically.
- What are the tax allowances a fully foreign or a joint venture may
count upon?
In some priority fields (like electronics, hotel construction and
operation, packaging techniques etc.) we grant a complete tax freedom for 5
years maximum. The relevant activities are listed in the Supplement of the
Law. In other fields the lowest limit of tax benefit is at 20 percent.
- What kind of guarantees does the Hungarian Government offer to foreign
investors regarding the repatriation of their profits?
The profit and dividend can be freely transferred-in hard currency,
without any further permit or condition. This applies even when the revenues
have accrued in forints.
- How much profit has been repatriated in the first half of this year?
About 20 million dollars. However, the inflow of foreign investment
capital was much higher than that.
- What happens when a foreigner wishes to sell his stake or wind up his
Hungarian venture?
Even so he can freely transfer his investment. Incidentally, the winding
up of ventures is not a characteristic phenomenon; at most, sales of equity
participation occur.
- What weight does American capital represent in the investment of equity
capital in Hungary?
As to the number of investments, American investors rank third. For the
time being small- and medium size investors prevail, but a few big firms have
already made their appearance, e.g. General Motors, General Electric and
Ford. Incidentally, Hungary-thanks to its attractive legal rules-should be an
ideal place for those firms which do not yet have a network in this part of
Europe, since the neighbouring countries are easily accessible from here.
- So far we have only spoken about equity capital investment, yet in
Hungary the Stock Exchange is already operating...
In my opinion our country is not yet fully ripe for portfolio
investments, as the Stock Exchange market is at present underdeveloped. On the
other hand, when a foreigner has a concrete objective in mind, he will surely
meet his expectations.
Finally, I would like to mention another point: although we do not have
a mutual treaty with the USA on the protection of investments, the investors
are not unprotected; in fact, OPIC has extended its activities to Hungary so
that the American investors may request a security on their Hungarian
investments. Moreover, we are also members of MIGA. -er-
Going Private
STATE PROPERTY AGENCY
Privatization in Hungary
The strategy of the privatization processes in Hungary is identified by
the theses called Ownership Reform and Privatization adopted by the
government. According to this, the main directions of privatization cover the
following:
- State-initiated privatization, in the course of which the State
Property Agency, in cooperation with various ministries, identifies the state
enterprises to be involved in privatization, and makes arrangements for and
carries out their privatization;
- in the course of enterprise-initiated privatization state enterprises
are, at their own initiative, transformed into economic associations or, in
reliance on part of their resources, form economic associations together with
external partners;
- the privatization of state-owned internal trade and service enterprises
takes place in accordance with a special law.
The Agency
This is the most important state institution of the privatization
processes in Hungary. The setting up of the Agency was decreed by Parliament,
through its Act VII of 1990. It is supervised by the Government, and the
members of its Board of Directors are appointed by the Prime Minister.
It began operation on March 1, 1990. Its primary responsibilities include
the preparation and implementation of state-initiated privatization deals,
control and approval of state enterprises' transformation into economic
associations and of their autonomous initiatives at privatization, and keeping
records of and management of the property of the State operated in economic
associations.
The State Property Agency regularly reports on its activity to
Parliament.
Its Objectives
The state property management organization carries out its activity in
accordance with the relevant legislation and the property policy guidelines
as determined by Parliament and pays special attention to ensure that
privatization deals are unimpeachable and transparent. In the case of every
privatization deal it endeavours to make them unambiguous and comply with
generally accepted professional criteria. With a view to ensuring this latter
aspect it avails itself of the services of external consultants as well as of
the available international privatization experience.
In carrying out privatization, the State Property Agency aims at
- improving the economic efficiency and profitability of the enterprises
undergoing privatization;
- intensifying economic competition relations;
- satisfying small investors' intentions to utilize their savings,
thereby increasing the global level of savings;
- helping the new Hungarian stock exchange to gain strength;
- facilitating the spread of various forms of employee share ownership;
- ensuring suitable incomes for the state for reducing public debt.
The State Property Agency takes into consideration the effects
privatization exercises on employment, in order that the various deals should
not result in a large-scale and unmanageable increase in unemployment.
The Agency pays considerable attention to the protection of national
interests.
First Privatization Program
In September 1990 the State Property Agency announced the First
Privatization Program covering twenty state enterprises. One important goal of
the program initiated by the state and to be carried out under state direction
is to gain suitable experience of privatization. In reliance on that, the
process of privatization can later be speed up in Hungary.
The First Privatization Program starts by the selection of consultants