A Slovak attorney in Hungary: notification, MÜK registration and cooperation with a Hungarian attorney
A Slovak company is setting up a branch in Hungary and the managing director wants its lawyer from Bratislava to handle everything. That is only partly possible. A Slovak attorney may practise in Hungary as a európai közösségi jogász, but may not register the branch in the Commercial Register or countersign documents for the client.
The short answer
- An occasional matter: a written notification to the Hungarian Bar Association (MÜK) before the first act is enough (§ 76(3) Üttv.).
- Continuous activity: registration with the bar is required (§ 74(a) Üttv.).
- Mandatory representation or a document countersignature (ügyvédi ellenjegyzés): always requires a cooperation agreement with a Hungarian attorney, even if registered with the MÜK (§ 77(2) and (3) Üttv.).
- Registering a branch (fióktelep) in the cégjegyzék is subject to mandatory representation, so you cannot file it without a Hungarian attorney (§ 32(4) Ctv.).
- The other direction: a Hungarian attorney in Slovakia needs a Slovak colleague only for mandatory representation and criminal defence (§ 32 of Act No. 586/2003 Coll.).
The differences between a Hungarian branch (fióktelep) and a Slovak organizational unit, liability and the taxation of branch profit are covered in a separate article. Here we focus on who may carry out each act.
Who is a európai közösségi jogász and when is a MÜK notification enough?
A európai közösségi jogász is an attorney from another EEA state who practises in Hungary under their home professional title. A Slovak attorney therefore appears as an “attorney” with the Slovak Bar Association stated (§ 73(1) and § 77(1) of Act No. LXXVIII/2017 on legal practice, “Üttv.”). They must not give the impression of being a member of the Hungarian bar (ügyvéd).
Occasional or continuous activity: what is the difference?
Hungarian law distinguishes two forms of practice (§ 74 Üttv.):
| Occasionally (eseti) | Continuously (állandó) | |
|---|---|---|
| What to do | notify the MÜK or register with the bar (§ 74(b) Üttv.) | only register with the bar (§ 74(a) Üttv.) |
| When | in writing, at the latest before the first act; if delay would harm the client, by the next working day after the act (§ 76(3) Üttv.) | before starting the activity |
| Renewal | for activity longer than a year the notification is renewed each year (§ 76(5) Üttv.) | – |
| Conditions | details of the attorney and the home bar (§ 76(4) Üttv.) | authorisation in an EEA state, insurance usable in Hungary, an agent arrangement, no bar to practice (§ 75 Üttv.) |
Occasional activity is cross-border provision of services within the meaning of the Hungarian services act (§ 76(1) Üttv.). The line is drawn by a statutory presumption: if the attorney practises in Hungary for more than three years, continuously or with breaks of at most six months, continuous activity is presumed (§ 76(2) Üttv.).
Does a Slovak attorney need Hungarian liability insurance?
Not necessarily. Hungarian insurance is needed only to the extent the home insurance does not cover the activity in Hungary under Hungarian requirements (§ 15(1) Üttv.). The minimum is 15 million forints per claim (§ 14(2) Üttv.).
In practice: a one-off branch setup for a single client is typically occasional activity — a notification is enough. For regularly setting up Hungarian branches, expect registration. Before the first matter, check that the insurance policy also covers activity in Hungary.
When does a Slovak attorney in Hungary need a Hungarian attorney?
Whenever the law requires mandatory legal representation or an attorney’s countersignature of a document (ügyvédi ellenjegyzés). It does not matter whether you only notified the MÜK of occasional activity or are registered with the bar. Registration decides whether you may practise in Hungary; the specific act is governed by the rule that regulates it.
Mandatory legal representation and the cooperation agreement
In proceedings with mandatory representation, a Slovak attorney may represent the client only under a cooperation agreement (együttműködési szerződés) with a Hungarian attorney or law firm (§ 77(2) Üttv.).
- At the first act before a court or authority the agreement is submitted, with an official translation if not in Hungarian (§ 77(4) Üttv.).
- If the agreement ends, this is reported without delay to every authority before which it was submitted (§ 77(5) Üttv.).
- The main contents of the agreement are set by a bar regulation (§ 77(6) Üttv.).
Document countersignature (ügyvédi ellenjegyzés)
Where a rule requires an attorney’s countersignature, a Slovak attorney may act only under a cooperation agreement, and the cooperating Hungarian attorney countersigns the document (§ 77(3) Üttv.) — the Slovak attorney prepares it, the countersignature is Hungarian. The countersignature is not a formality: by it the attorney certifies that the document complies with the law, that he verified the parties’ identity and that they signed before him (§ 44(1) Üttv.). The Hungarian attorney bears the liability, so will want to check the document himself.
When does the restriction fall away?
Only once the európai közösségi jogász becomes a full Hungarian attorney. The bar admits them if they have practised Hungarian or EU law in Hungary continuously for at least three years, command Hungarian to the required level and meet the other conditions (§ 58(2) Üttv.).
In practice: conclude the cooperation agreement before promising the client a deadline. Agree in it who prepares the documents, who countersigns and files them, how the fee is split and who is responsible for what.
A branch in Hungary (fióktelep): what a Slovak attorney handles and what only a Hungarian one
A Slovak attorney may advise and prepare the materials; they cannot file the register application or countersign documents for the client. The overview assumes the attorney has notified the MÜK or is registered.
| Act | What Hungarian law requires | Slovak attorney alone? |
|---|---|---|
| Decision of the Slovak company to set up a branch and appoint its agent | the decision and its official Hungarian translation (Annex 1, Ctv.) | yes, prepares it |
| Specimen signature of the branch agent | a notarised specimen (címpéldány) or a specimen countersigned by an attorney (§ 9(1) Ctv.) | no; a Hungarian attorney countersigns (§ 77(3) Üttv.), otherwise a notary |
| Application to register the branch in the cégjegyzék | mandatory legal representation; the agent files electronically (§ 32(4) Ctv.) | only with a cooperation agreement (§ 77(2) Üttv.) |
| Changes to the registration (agent, address, jegyzett tőke) | mandatory representation; a change of the branch’s registered capital reported at least once a year (§ 32(4), § 12(4) Ctv.) | only with a cooperation agreement |
| Purchase of real estate for the branch | a contract for the land-registry entry with an attorney’s countersignature | no; a Hungarian attorney countersigns (§ 77(3) Üttv.) |
| Deregistration of the branch | application with mandatory representation, a notice to creditors in the Cégközlöny (§ 32(4) Ctv.) | only with a cooperation agreement |
| Ordinary advice, commercial and employment contracts of the branch | no mandatory representation or countersignature | yes |
What to watch out for with the specimen signature?
An attorney may countersign a specimen signature only in registration proceedings and only if they also prepared the founding document to which the specimen belongs (§ 9(3) Ctv.). If a Slovak attorney prepares the founding decision and a Hungarian colleague files the application, agree in advance who is formally responsible for the documents, or choose a notarised specimen.
What applies to a real-estate purchase?
Authority to act in land-registry matters is separately entered in the bar register (§ 39/A(1) Üttv.). This should be borne in mind when choosing the cooperating attorney.
In practice: a proven division of labour — the Slovak attorney leads the client and prepares the company’s decision from the Slovak materials; the Hungarian colleague files the application, countersigns the specimen and follows the proceedings. The client has one partner who knows their Slovak company.
Does a Hungarian attorney in Slovakia need a Slovak colleague?
Only exceptionally. In Slovakia mandatory representation by an attorney is the exception, so a Hungarian attorney handles most branch matters alone.
Visiting and established European lawyer
A Hungarian attorney providing services in Slovakia temporarily and occasionally is a visiting European lawyer (§ 30(b) of Act No. 586/2003 Coll. on the legal profession, “ZoA”) and is treated as an attorney (§ 31(1) ZoA). On request they prove authorisation and insurance with documents no older than three months, with an official translation (§ 35 ZoA). For continuous activity they must enter the list of established European lawyers (§ 39 ZoA).
When is a cooperating Slovak attorney mandatory?
In court proceedings where a party must be represented by an attorney, or where only an attorney may represent, and in criminal defence (§ 32 ZoA). Documents are then served on the cooperating attorney (§ 33 ZoA). Such proceedings include an appellate review (dovolanie, § 429(1) of the Code of Civil Contentious Procedure) — the Supreme Court of the SR refused to recognise representation by a Hungarian attorney who did not prove cooperation with a Slovak attorney. For an organizational unit this means:
- Registration in the Commercial Register: representation is optional and the agent may be an attorney (§ 47(1) of Act No. 29/2026 Coll.). A Hungarian attorney as a visiting European lawyer may file alone.
- Disputes: the party is always the foreign company, not the unit. In an ordinary first-instance dispute and on appeal, representation is optional.
- Real estate: a visiting European lawyer may not draw up deeds on real-estate transfers (§ 31(2) ZoA).
Comparison: a Slovak attorney in Hungary and a Hungarian attorney in Slovakia
| Slovak attorney in Hungary | Hungarian attorney in Slovakia | |
|---|---|---|
| Occasional activity | notify the MÜK before the first act (§ 76(3) Üttv.) | no registration; shows authorisation and insurance on request (§ 35 ZoA) |
| Continuous activity | register with the bar (§ 74(a) Üttv.) | enter the list of established European lawyers (§ 39 ZoA) |
| When a home colleague is needed | mandatory representation and document countersignature (§ 77(2) and (3) Üttv.) | mandatory representation by an attorney and criminal defence (§ 32 ZoA) |
| Branch registration | only with a cooperating attorney (§ 32(4) Ctv.) | may do it alone (§ 47(1) of Act No. 29/2026 Coll.) |
| Real-estate transfer | a Hungarian attorney countersigns (§ 77(3) Üttv.) | may not draw up the deed (§ 31(2) ZoA) |
Setting up a branch in Hungary?
At STEINIGER we coordinate setting up a Slovak company’s branch in Hungary, from the shareholders’ decision to the entry in the cégjegyzék, in cooperation with a Hungarian attorney. The client has one partner who communicates in Slovak. Book a consultation →
Legislation and sources
- Act No. LXXVIII/2017 on legal practice (Üttv.) — §§ 14, 15, 39/A, 44, 58, 73–77,
- Act No. V/2006 on the Commercial Register, court registration proceedings and winding-up (Ctv.) — §§ 9, 12, 32, 33, 35, Annex 1,
- Act No. CXXXII/1997 on branches and commercial representations of foreign companies — § 23,
- Act No. 586/2003 Coll. on the legal profession — §§ 30–35, 39,
- Act No. 29/2026 Coll. on the Commercial Register — § 47,
- Act No. 160/2015 Coll., the Code of Civil Contentious Procedure — § 429.
Frequently asked questions
Can a Slovak attorney work in Hungary?
Yes, as a európai közösségi jogász under the Slovak professional title. For an occasional matter a written MÜK notification before the first act is enough; for continuous activity registration with the bar is required (§ 74 and § 76 Üttv.).
What is the difference between a notification and registration with the MÜK?
A notification is enough for occasional cross-border services and, for activity longer than a year, is renewed annually. Registration with the bar is required for continuous practice; for practice longer than three years, continuous activity is presumed (§ 76(2) Üttv.).
Can a Slovak attorney register a Slovak company’s branch in the Hungarian Commercial Register?
Not alone. The application to register the branch in the cégjegyzék is subject to mandatory legal representation (§ 32(4) Ctv.), so it can be filed only under a cooperation agreement with a Hungarian attorney (§ 77(2) Üttv.).
What is ügyvédi ellenjegyzés and can a Slovak attorney do it?
It is an attorney’s countersignature of a document, by which the attorney certifies its compliance with the law, the parties’ identity and their signature before him (§ 44(1) Üttv.). A Slovak attorney cannot do it in Hungary; the cooperating Hungarian attorney countersigns (§ 77(3) Üttv.).
What must a cooperation agreement with a Hungarian attorney contain?
The main contents are set by a Hungarian bar regulation (§ 77(6) Üttv.). In practice it is worth agreeing who prepares the documents, who countersigns and files them, how the fee is split and who is responsible for what. At the first act the agreement is submitted to the court or authority, with an official translation if needed.
Does a Slovak attorney in Hungary need Hungarian insurance?
Only to the extent the Slovak insurance does not cover the activity in Hungary under Hungarian requirements (§ 15(1) Üttv.). The minimum cover is 15 million forints per claim (§ 14(2) Üttv.).
Can a Hungarian attorney register an organizational unit in the Slovak Commercial Register?
Yes. Representation in registration proceedings is optional and the agent may be an attorney (§ 47(1) of Act No. 29/2026 Coll.); a visiting European lawyer is treated as an attorney (§ 31(1) ZoA). A Slovak colleague is needed only for mandatory representation by an attorney and criminal defence (§ 32 ZoA).