General rules of alienation
Section 33 (1) 123 The transfer of ownership of state property, including the provision of property to a business association as a non-monetary service, unless the law provides otherwise, shall only be entitled to the right of ownership. In order to carry out the sale, the proprietorship lawyer may commission a third party in accordance with the legal provisions on public procurement. 124
(2) The Central Budgetary Bodies are no longer required to use the intangible assets, equipment (technical equipment, machinery, equipment, etc.) as required by the Accounting Act, for the sale of inventories, with the exception of real estates, if they have their individual book gross does not exceed the limit set by the annual budget law. 125
Section 34 (1) Sales, depending on the nature of the property
a) you are directly
b) indirectly
can be done.
(2) The assets may be sold directly as follows:
(a) through public or private tenders,
(b) 126 public auctions, including electronic auctions (hereinafter referred to as points ( a) and (b) together with competition);
(c) exceptionally without competition.
(3) The assets may be sold indirectly, subject to the provisions of Section 35 (2), as follows:
(a) public or private placement on the market,
(b) offering for sale to a public or private sale, or
(c) a mandate for sale on a regulated market.
Article 35 (1) The transferor of the transfer of ownership of the property if the law or the government decree issued pursuant to its authorization does not make an exception shall attempt to compete with the competitor.
(2) Competing can be overruled:
(a) 127 in the case of a State shareholding or real estate exchange,
b) public property to a business association when it is made available as a non-monetary contribution,
c) in the case of a right to sell under a public bid,
d) in the case of the sale of shares of a public limited company with minority state influence if, after the successful acquirer of a shareholder acquires a public or voluntary bid,
(e) the right to buy on public property – not subject to point (d) –
f) in the case of the implementation of the law on the construction of land or in the case of an agreement on the change of ownership necessary for the execution of the plots,
(g) in the case of sale to the holder of a pre-emptive right if the ownership of the land and the superstructure on which it is based has previously been divorced or, the rules for abolishing joint ownership are applied,
h) in case of sale to a local government,
(i) in the case of the sale of property of small value, not attributable to the individual gross market value specified in the annual budget act, 128
(j) in the case of a sale for the purpose of the execution of an international contract,
(k) in the case of sales to a foreign State, in cases not covered by point ( j)
l) 129 classified information, or in the case of a country requiring essential security, national security interests or special security measures,
(m) in the case of the sale of goods specifically intended for military, law enforcement and law enforcement purposes in the field of defense,
n) In the interest of the public interest of 130 for social, development or other aspects, the implementation of the given transaction is highly justified and the Government has taken a public decision in this regard to refrain from competing.
(2a) 131 In the case of the exchange of financial assets with a state-owned financial instrument, the 2011 CXCVI. (1) of the Act on the Competition Act does not apply.
(3) The application may be public or private.
(4) The application is public if
(a) the scope of the bidders can not be determined in advance;
(b) the number of members of the specified bidders is unknown.
(5) If the plaintiff, by setting appropriate time limits, solely invites the interested party to submit a bid, the tender shall be considered to be a private placement. Placing a private placement can only be made exceptionally.
(6) Establishment of a purchase right for State property may only be effected in compliance with the sales regulations. The duration of the purchase right established in this way may exceed five years.
(7) Detailed rules on the sale of state property are laid down in the Government Decree.
(8) 132 By entering into the auction system of the MNV Zrt. As an auctioneer, the user registered in the auctioneer’s electronic register shall have the registered and activated user name and password.
(9) 133 A registrant of the auctioneers may apply for the registration of any natural person or legal entity who complies with the CXCVI 2011 National Assets Act. (1) (1) of the Companies Act if it has accepted the Code of Conduct for the conditions of use of the electronic auction system as an auctioneer.
Article 36 (1) The transfer of ownership of state property free of charge shall be governed by the law. 134
(2) Ownership of state property may be transferred freely
(a) to fulfill an assistance or other obligation arising out of an international contract or membership of an international organization, 135
b) to prevent, mitigate or mitigate domestic or foreign disasters and serious disasters, 136
c) to promote the functions of 137 local governments in the form of a statutory or statutory mandate, 138
d) in favor of a multi-purpose micro-regional association in order to facilitate its tasks,
e) To promote the public benefit organization of 139 special public-interest organizations in order to promote the public service tasks of the state or local government it has undertaken, and to promote the duties of the Hungarian Academy of Sciences and the Hungarian Academy of Arts, as provided for by law or by law, or the promotion of public service tasks order 140
f) in the case of renunciation of the ownership of property belonging to state property in the case of a court-approved agreement concluded by MNV Zrt.
g) 141 promote the state or religious duties they carry out the church – particularly educational, social, family, child and youth protection, cultural – to promote the performance of the tasks.
(3) 142 The Government shall decide by public decision on the free transfer pursuant to paragraph (2), with the exception of paragraph (6). 143
4. The cumulative value of assets transferable free of charge pursuant to paragraph 2 ( c) and (d) shall not exceed the total amount specified in the Budget Act of that year. 144
(5) In the name of the State as a legitimate heir, MNV Zrt. Shall be the last resident of the deceased for the inheritance, in the absence of the latter, for the benefit of the local government in the place of the estate, in the case of immovable property, in favor of the local self-government.
(6) 145 The Board of Directors of MNV Zrt. Has the right to decide on the ownership of the movable property belonging to the local government of a value of HUF 10 million per annum per municipality for the purposes set out in paragraph 2 ( c) . The Board of Directors of MNV Zrt. Is obliged to disclose its decision to handover the movable property on the MNV Zrt. Website.
(7) 146 The transfer of property referred to in paragraphs 2 to 6 shall be exempt.
Article 37 (1) 147 The transfer of ownership of protected natural sites and values, state-of-the-art heritage, art treasures and historical (archeological) memorials and land owned by state may only be made in the cases and in the manner specified in the special law on this protected property.
