Producing deeds

Connection to other registries

Company RegisterDeclarations and Agreement

Our office undertakes any kind of contracts (for example loan contracts, inheritance contracts, contracts of maintenance, marriage contracts, deeds of donation, contracts of purchase and sell, deeds of associations etc.) or legal statements (for example testaments, affidavits, deeds of release, authorizations). When producing the deed, the notary checks the identity of the parties, asks their intentions, and in the frames of a preparatory talk gives them the relevant juridical information and consequences. When the deed has been made, he or she reads it out to the parties, and explains that changes, modifications are still allowed. The notary keeps the original of the completed and signed deed, giving out office copies of it. Public deeds have special probative force to the fact that the person indicated in the deed has made the statement there, in that time and in that way as it is indicated in the deed. On the basis of the deed direct court execution can be demanded – without litigious proceedings – not only in Hungary but also in the member states of the European Union.

Contract

The contract is made between two or more persons (contracting parties) and contains their legal relation. Depending on the content it can be of family law (for example marriage contract), of substantive law (contract of pledge), of contract-law (contract of purchase and sell), of inheritance (contract of inheritance). The goal of the contract is that certain wealth items move from one circle of wealth to another, accordingly to the common will of the contracting parties.

The mortgage or pledge is the so called material security of the contract, which is created by the contract and in some cases with the registration. Pledge can be created on things which can be taken into possession, on conveyable right or demand, through which the pledgee is entitled to satisfy his claim – or future or conditional claim – expressed in money before other demands, if the obliged party of the contract had not fulfilled his or her obligation. The pledge – except independent pledge – is a security of additional character, therefore the volume of the plege is adjusted to the demand serving as a fund. Our office has wide experience and practice on the area of pledges, mortgages.

The notary may take over money or valuables only in connection with contracts documented in public deeds, for example purchase price from the purchaser if the notary writes the purchase contract. When handing over the money, the client defines the notary whom and with which conditions is allowed to pay the sum taken over. The authorization of paying the money given to the notary cannot be withdrawn unilaterally; for example if the seller proves for the notary that he has fulfilled his obligations which had been agreed as a precondition to the payment, the notary will pay him the money. The notary safeguards the valuables taken over separated from the valuables of his own and of others, runs a separate register of them, holds the money taken over on a separate bank account opened for this particular use, the interests thereof are due to the client.   

Since executions of will are conducted by the notaries, they are specially experienced in managing last wills (testaments, contracts of inheritance, renunciations of inheritance, donation in case of death). Sooner or later, each of us will meet the questions of inheriting. You can keep yourself or your relatives protected from disappointing surprises if you visit in time the notary you trust in. You can expect the following questions:

In the consultation with the notary you may decide whether you should make a testament; if yes, which sort of last wills fits best to your personal circumstances.

Home-made last wills are often defective or invalid due to formal causes. A detailed consultation with the notary can eliminate several uncertainties or formal defects, keeping the heirs free from the drawbacks of an expensive and long proceedings. The testament safeguarded at the notary will not get lost, will not get into unauthorized hands, its content will be protected by strict obligations of secrecy.

Statements

Manifestation of a single person which is suitable to generate legal effects. Such are among others testaments, authorizations, terminations, statements of release, and – as as the naming indicates – the unilateral undertaking.

The National Registry of Last Wills is a nation-wide computerized registration system which registers the locations of last wills elaborated by or trusted at notaries. With its help in the probate the notary gets knowledge of your last will and guarantees its execution. We register the data of the testaments made or safeguarded in our office; only the notary managing the inheritance will have access to them after the death of the person.

On the basis of the Notary Act we draw up certificates on facts which cause creation, modification or ceasing of legal relations. In certifying the facts the notary does not form just “tells” the events taken place.

In this action the notary puts the acknowledging clause on the document itself, attesting the fact that the copy is uniform to the original; the signature or the sign is genuine; the date of producing the document.

The notary not only acknowledges signatures and copies but also attests other facts of legal importance. Such are for example assemblies of business companies, auctions, competitive biddings, lots, attestations of the fact that a person is alive.

Connection to other registries

The notary may draw up certificates on data of public registries – Company Register, Pledge's register. In our office you can obtain the copy of the Land Register extract of your real estate, bungalow, business site or other house or flat, located anywhere in Hungary. With the help of TAKARNET computer program we can provide the authentic copy of the Land Register to our clients not only in the cases managed by us but on request we provide such documents to anyone (for example in the frame of real estate transactions of persons or firms and credit applications of persons).

You can obtain also public certificates of registration or incorporation in the notary’s office.

Notarial procedures

The inheritance procedure states and certificates the succession in the wealth of the died person. The goal of the procedure is to settle every question about the inheritance without court procedure and to provide every adequate judical information to those concerned. Our office is entitled to conduct inheritance procedures in the cases of the deceased whose last residence in Hungary was located in District II in Budapest and died in February, June or October.

On the basis of legal authorization, the Hungarian Notary Chamber keeps the registry of those pledgors who have agreed a contract of pledge (ZONY) on some of their chattel to cover their debt. The registration is done on the ground of the pledgor, who can be either natural person or legal entity. The registration should contain the specification and the amount of the covered debt and the specification and the value of the chattel concerned.

The system operated by the Hungarian Notary Chamber is authentic and anyone can have access to it in any notary office.

The task of the registry is to attest authentically the creation of the pledge on the property or a part of it of the pledgor and the character of the chattel serving as cover. With this registry the security of crediting increases. The registered database depends on the deeds drawn up and safeguarded by the notaries.

If your value-bill, document, savings-book is lost, the notary will help you to replace it.

Depositing is a traditional activity of notaries in which the notary takes over testaments or other documents in order to safeguard them.

The goal of depositing documents at the notary is to make possible later proving, or to guarantee rights or priorities. When taking over a document, the notary takes a record. The notary should ascertain that the content of the document meets what the person specified about it, this is why closed envelopes should not be taken over as a deposit. It can have significance later at proving: for example, in a debate an author can prove that the book protected by copyright was written by him. The notary may hand over the deposit only to that person, or to a third person specified by that person at the beginning of the deposit, after he had proved his identity. The person who makes the deposit should specify when the notary should give the deposit out; the deposit cannot be ultimate. The same rules are valid to safeguarding data carriers – CD, DVD, video cassette etc.

Depositing a testament

The testator may hand over his or her testament to the notary only personally and only with the goal to safeguard it. At taking over the notary takes a protocol and attaches the testament to it. The notary may give back the testament deposited at him only to the testator; would that person die, the notary sends the testament to the notary who conducts the inheritance procedure.

For the legal services of authority character provided to the parties the notary is entitled to regulated fees (Order No. 14/1991./XI.26./IM). The notary is obliged to use this rate. The rate guarantees the protection of the clients because the fees can be calculated in advance and can be checked afterwards.

The fee for the notary

• is calculated generally according to the value of the case (for example value of a real estate, purchase price etc.). if that cannot be specified, the fee depends on the time consumed by the case; in some cases the fee is fixed;

• with increasing of the value of the case the percentage of the fee decreases (degressive);

• the fee for the notary is limited; above  200 million HUF value of the case the fee will not increase.

Fee based on the value of the case

The notary may draw contracts (for example contracts of pledge) or unilateral legal statements (for example a unilateral undertaking to an already agreed contract) to authentic act. The difference of the fees charged for the two types is that the fee for unilateral statements is half of those for agreements.

Special tariff is applied to drawing loan contracts and mortgage deeds under the effect of the order on state support for purchasing flats to authentic acts.

The fee may be decreased with max. 50 % if the party or parties provide the notary a pattern which can be used in n cases when regarding all the circumstances of the case it is righteous.

The order on the tariffs makes possible to charge a maximum double sum of the fee for the notary in cases when the authentic act is made in a foreign language, or the notary draws it up out of his or her office (in the frames of a proceeding on the spot) or the notary works off-time.

In calculating the denominated amounts of the fee and the connected lump-sum for costs forming the basis of the total fee for the notary.

If the value of the object of the notary’s activity (the value of the case) cannot be specified, the fee should be determined on the basis of the time consumed by the activity of the notary, in which the time used for preparations, operations and possible travels should be added.

The fee adjusted to the time consumed by the notary’s work is 1.500 HUF per every hour began. Double of this fee can be charged if a protocol is made in drawing up a certificate or about the safeguarding a testament or other last will (hereinafter: testament) or other record; triple of this fee can be charged for attesting meetings and decisions made on those, competitive biddings, auctions, lots and other facts of legal importance; fourfold of this fee can be charged for drawing legal statements and testaments to record; fivefold of this fee can be charged for drawing two- or multi-sided contracts to record (if the value of the case cannot be specified).

The fee for certifying copies and extracts is 300 HUF per pages. If the record consists exclusively or mostly of digits, or it was drawn in a foreign language, double of the above mentioned fee will be charged. The same fee will be charged for certifying copies of deeds.

For making translations, a fee calculated on the basis of the time used up to that activity, for certifying translations a fee of 900 HUF per pages will be charged.

For procedures of protesting bills, cheques and other value-bills a fee specified on the grounds of the value of the case will be charged; in the same case, for repeated putting the bill (cheque or other value-bill) in or for address inquiry a fee calculated on the basis of the time used up will be charged.

For trusts a fee of half of the fee calculated on the basis of the value of the case will be charged. The fee for safeguarding a testament or other record and for trusts covers the fee for the first 12 months of the safeguarding; if the duration of the safeguarding exceeds this time, double of the fee mentioned above will be charged.

While the lump of expenses (40% of the fee) covers the general expenses, which cannot be broken down to one case, cash expenses are composed by the costs come up in the course of proceeding the case concerned.

As one of them, the table of tariffs mentions the so called fee for writing, which amounts 100 HUF per page and the costs of travelling and possible accommodation. Here belong the post expenses, the paid dues, and the expenses of the different services used (expenses of online inquiry from the register of companies and real estates, VONY announcing, ZONY inquiry and registration, KDL expenses).

Our team is at your disposal in calculating the fees for a particular case. If you require an appointment to talk your case in our office, please ask in advance the expected amount of notary’s fees.

@