OF THE HUNGARIAN CHAMBER OF COMMERCE AND INDUSTRY
(consolidated, with the amendments approved at the following conferences of delegates: XIV on 25 April 2002, XVII on 28 April 2004, XVIII on 29 October and XIX on 18 May 2005)
May 2005
STATUTES
of the Hungarian Chamber of Commerce and Industry
In order to decrease the economic role of the state, it is necessary for business organisations to tackle some public tasks related to the economy, in the form of a public body, through self-management. Therefore, recognising that entities conducting business activities have the right to set up self-governments, the Parliament had passed Act CXXI of 1999 on the so-called Chambers of Economy, by respecting the rights and interests of social organisations operating on the basis of the freedom of association, by developing, supporting and fostering the general interests of the economy, in order to assist the activities related to Hungary’s membership in the European Union and her regional development.
On the basis of the authorisation given by this Act and in order to meet its objectives, in view of the Chamber's tasks and economic development efforts requiring nation-wide coordination, the conference of MKIK (the Hungarian Chamber of Commerce and Industry) delegates held on 8 February 2001 approved the following Statutes.
Section I
GENERAL
1. The stipulations of these Statutes shall be interpreted in harmony with and by observing the Chamber Act.
The stipulations and definitions in para. 2 of the Chamber of Economy Act (hereinafter the Chamber Act) apply to the wording used in the Statutes.
2. [1]Information about the Chamber:
Name: Magyar Kereskedelmi és Iparkamara (Hungarian Chamber of Commerce and Industry) (hereinafter the Chamber)
Acronym used: MKIK
Foreign language versions of the Hungarian name: Hungarian Chamber of Commerce and Industry,
Ungarische Industrie- und Handelskammer
Form of organisation: Public corporation (Chamber)
Business management: In line with its public corporation set-up, the Chamber manages its business in a non-profit manner, within the scope of its public tasks
Registered office: 1055 Budapest, Kossuth L. tér 6-8.
Phone: (36-1) 474-5100, Fax: (36-1) 474-5105
Territory of Chamber operations (jurisdiction): Republic of Hungary
Taxpayer identification number: 18068265-2-41
Bank account number: 10300002-20373432-00003285
Social insurance code: 22936
Universal statistical code: 18068265-9199-541-01
Organisation exercising judicial supervision over the Chamber: the public prosecutor’s office
Date of foundation (approval date of Statutes): 21 December 1994
Date of starting operations as a public corporation: 1 January 1995
Number of Chamber delegates: 231
The names of the officials and corporate body members of the Chamber, the authentic specimen of signature of the President as well as the names, specimens of signature and signing rights of people who have eligibility to sign for the Chamber are given in the enclosure of the Statutes.
3. The Chamber is a public corporation founded by its members on the basis of the Chamber Act (Civil Code, para. 65). In exercising its functions, the Chamber has to remember every time that it does not have decision making and instructing rights over the regional chambers of commerce and industry, which had established the Chamber.
4. The Chamber is run on the basis of the Act on the Chambers of Economy and in accordance with the Statutes approved by its conference of delegates.
5. The Chamber is eligible for using the arms of the Republic of Hungary.
The Chamber’s mission
6. [2]It is the mission of the Chamber to do the following, primarily relying on and involving its own members pursuant to the Chamber Act, other statutory provisions and the Statutes:
- to foster the development and well-organised nature of the economy, the safety of business transactions and the honesty of market practices, and to promote the general and joint interests of the entities conducting business activities,
- to coordinate the activities of the regional chambers of commerce and industry based on direct self-government and their international relations,
- to tackle certain economic public tasks that require central administration, which are delegated to its scope of responsibilities by the Act, a government decree, the regional chambers and on this basis by the Statutes,
- to address the Chamber’s coordination tasks related to Hungary’s membership in the European Union, and
furthermore
- to play an intermediating role on a national level vis-à-vis the national affiliated chambers as well as state, government and other organisations.
Unrestricted use of the freedom of association
7. Tackling the Chamber’s tasks does not involve the application of the freedom of association, consequently it does not primarily restrict the rights of social organisations to determine the purpose of their activities freely – in harmony with the stipulations of the Act on the freedom of association. The Chamber may not have a trade, employer and employee promotion function.
Section II
FOUNDATION AND MEMBERSHIP OF THE CHAMBER
Foundation of the Chamber
8. The Chamber was founded when it was registered by the Court, retroactive to the date when its Statutes were approved.
The Chamber’s membership
9. The Chamber’s members are the regional chambers of commerce and industry (hereinafter the regional chambers)
Sustaining members
10. [3]The sustaining members of the Chamber may be the social organisations having a nation-wide scope or operating under the 'chamber' name, trade promotion organisations, foreign chambers and foreign organisations pursuing trade-related activities, who apply for sustaining membership.
11. Regarding the admission of a sustaining member, the amount of contribution to be paid, and the other rights and obligations of such a member, the Board makes a decision on the basis of an agreement with the relevant party.
12. A sustaining member of the Chamber has the right to participate with consultation rights in the conference of delegates, and - on the basis of a separate agreement - in the work of the Chamber’s college/trade committee.
Initiating of membership
13. The national Chamber membership of regional chambers is initiated by the setting up of the Hungarian Chamber of Commerce and Industry.
14. The membership of a regional chamber of commerce and industry organised through merger or demerger – including chambers in cities having county rights – is initiated upon registration by a court, retroactive to the date when their Statutes had been approved.
The rights and obligations of members
15. A member of the Chamber has the right
- to participate via its delegates with consultation and voting rights in the conference of delegates of the Hungarian Chamber of Commerce and Industry,
- to participate via its delegates in electing the corporate organisations, President and officials of the Hungarian Chamber of Commerce and Industry,
- to make use of the Hungarian Chamber of Commerce and Industry’s services and coordination activities,
- [4]to let their delegates and the representatives of their members be elected as members or officials of the Chamber’s corporate organisation.
16. A member of the Chamber is obliged
- to pay a membership fee in an amount determined by the conference of delegates,
- to remit to the Hungarian Chamber of Commerce and Industry a portion determined by the conference of delegates of the Hungarian Chamber of Commerce and Industry from the annually received membership fees and document verification revenues – in order to cover its operating costs,
- to observe the Statutes of the Hungarian Chamber of Commerce and Industry, and its other self-government regulations,
- to contribute to the collection of statistical information carried out by the Hungarian Chamber of Commerce and Industry, which activity entails a data supply obligation.
As a consequence of not paying the membership fee and other contributions, the regional chamber is obliged to pay a default interest as identified in para. 301 of the Civil Code, but in justified cases the Board may grant an exemption.
Termination of Chamber membership
17. If a regional chamber is wound up, its membership in the national Chamber is also terminated. Para. 7 of the Act on the 'Chambers of Economy' covers the cases when a regional chamber is wound up.
18. If a regional chamber is wound up without a legal successor, its general legal successor is going to be the national Chamber, which – if necessary, by appointing a different regional chamber – makes sure that the addressing of the chamber’s public tasks is continued.
Termination of the Chamber
19. The Chamber may only be wound up by the stipulations of an Act.
Section III
THE CHAMBER’S TASKS
20. [5]The Chamber carries out its tasks on an obligatory basis by meeting the stipulations identified in the Chamber Act, with the understanding that in view of the deviations identified in para. 10, point 1, sub-points c)-e) of the Chamber Act, it tackles the public tasks concerning each business organisation. (Para. 13, clause 1).
21. The main activities of the Chamber comprise the basic services rendered to the regional chambers against the membership fee (SZJ – List of Services – 91.11.10).
22. [6]Within its scope outlined in statutory provisions, the Chamber
- comments on the draft national level economic oriented proposals and statutory provisions, and in matters involving the economy or contractors of several counties it keeps in touch with the national organisations and government organisations; in these matters the Chamber forms its own opinion – regarding the initiatives by and the comments of statutory provisions and measures – after learning about and integrating the opinion of regional chambers,
- according to the stipulations of separate Acts, it participates in the work of nation-wide councils and bodies,
- it keeps in touch with the national organisations of foreign chambers of commerce and industry and with their international organisations as well as with other international organisations,
- coordinates the economic information and PR activities of regional chambers of commerce and industry, which activities are performed in or directed to foreign countries, and furthermore coordinates its economic information and PR activities carried out in Hungary for foreigners,
- organises the Hungarian economic days,
- sets up and coordinates a unified system of different records kept by the regional chambers of commerce and industry, with the involvement of the chambers’ experts,
- tackles and monitors the international and domestic coordination of Chamber tasks related to document verification, makes sure about the endorsement of certain documents specified in international trade, and issues force majeure certificates, the detailed regulations of which tasks are included in the Document Verification Code outlined in Enclosure 5 of these Statues,
- with the involvement of the economic trade promotion organisations, it works out an ethics code which applies generally to all business organisations, and comprises the ethics regulations applying to fair market practices,
- makes sure that the conditions of operation are met regarding the Permanent Arbitration Court attached to the Chamber, which Court also proceeds in international trade matters, and via its conference of delegates it appoints and dismisses the arbitrators of this forum,
- in a scope covering international trade beyond the jurisdiction of the exclusive arbitration court, it establishes and monitors the county arbitration court departments of the Arbitration Court – attached to the regional chambers of commerce and industry –, and organises and manages on a nation-wide basis the information dissemination activities related to arbitration,
- it looks after the public tasks for the handling of which it is authorised by an Act or government decree,
- in the cases and in a way defined in an Act or government decree, it contributes to handling public administration matters related to the economy,
- comments on the general terms of a contract,
- contributes to the organisational and conceptual development of school type and non-school special training missions, represents the interests of the Chamber’s member organisations in amending the Acts and statutory provisions which provide financial resources for special training,
- determines the principles of dividing among the regional 'chambers of economy' the budget subsidies granted for addressing public tasks,
- elaborates the self-government regulations necessary for tackling the public tasks delegated to the chambers, in the framework of a unified process,
- obtains the data necessary for compiling an electoral register for the regional chambers,
- works out the general regulations applying to membership fee.
23. [7]The other tasks of the Chamber as defined by the regional chambers of commerce and industry ('Chamber of Economy' Act para. 12, clause 3) are as follows:
- organises at least once a year a consultation between representatives of the government and an enlarged conference of delegates;
- acts as an intermediary between the Hungarian Chamber of Agriculture as well as the state, government and other nation-wide organisations;
- in order to make sure that the Chamber’s proposals, opinions and information are well founded – in line with the stipulations of the Statistical Act – it collects information through its members, and prepares and publishes analyses on the economic processes in accordance with this information;
- on the basis of the initiative of and consulting with the regional chambers, it initiates the manifesting of the freedom of entrepreneurship and the freedom of economic competition, the amendment or repealing of statutory provisions and measures preventing or restricting the working of the market economy, and the taking of measures or the issuing of statutory provisions necessary for changing these circumstances;
- addresses the coordination tasks related to the development of economic infrastructure, technical development and the meeting of innovation objectives, contribution to special training, and standardisation, quality matters and the protection of industrial rights, in addition to preparing the decisions related to using the various earmarked state funds and budgetary allowances;
- meets the coordination tasks related to providing information and training as a result of Hungary’s membership in the European Union, with special regard to the issuing of guidelines on competitions, the competition opportunities and conditions, the Community's statutory provisions involving the various trades, the other activities of Community institutions and those related to providing information on the decisions of the European Commission;
- in order to tackle the public tasks of the Chamber and to enable the compiling of an electoral register, it keeps nation-wide records with the regional chambers about individuals and partnerships having voting rights and membership, respectively, in addition to identifying in the MKIK Data Protection Code (self-government regulations) the detailed rules of keeping records;
- coordinates the training and special training activities of the regional chambers of commerce and industry, elaborating in this respect uniform methods for the regional chambers;
- sets up and runs a training (methodology) centre for assisting the educational and training activities of regional chambers and for providing and coordinating an appropriate trade background;
- coordinates and develops the e-business services of regional chambers, and sets up and runs nation-wide systems;
- introduces and runs a nation-wide certification trademark system for facilitating the quality development efforts of businesses;
- runs a forum consisting of the chairmen of the bodies in order to facilitate the operation of conciliation bodies, and in order to reconcile and discuss trade issues related to their activities;
- runs chamber representation offices abroad, and cooperates with trade-related government organisations operating abroad;
- provides information to its members and in the interest of its members to others about Hungarian and foreign statutory provisions related to the economy, as well as about economic policy decisions and measures involving the activities of the members of the regional chambers of commerce and industry, providing assistance in finding business partners, and in the development of economic cooperation;
- collects economic, commercial, customs and trade information about foreign countries in the framework of the nation-wide documentation system, in addition to organising this information and making it available to its members;
- contributes – on the basis of legislative regulations – to the efficient use of state funds earmarked for purposes related to the tasks of developing the economy, by issuing the necessary recommendations and providing information;
- caters for international commercial counselling;
- contributes to handling the quality protection, dumping and market protection matters related to international economic relations;
- settles foreign consignments damage and quality disputes (damage assessment, expert appraisal of commodities) through the Association of Average Adjusters;
- compiles and discloses the commercial usages, and elaborates trade services,
- works out methods for rendering uniform chamber services across the country, and runs such services,
- works out as Enclosure 4 of the Statutes the ethical rules applying to the senior officials of MKIK and the regional chambers, as well as to the persons having an elected post in chamber bodies.
24. Tackling the tasks listed in point 23 may not impair executing the tasks falling within the scope of regional chambers.
25. The activities listed in points 22-23 are pursued as core activities corresponding to the objectives of the Chamber. The listing of these activities according to TEÁOR (Standard Sectoral Classification of Business Activities) is given in Enclosure 2 of these Statutes.
Regulations related to the exercising of economic trade promotion rights, keeping in touch with the national economic trade promotion organisations
26. [8]The comments of the Chamber must be requested prior to submitting a proposal (hereinafter economic proposal) to the Government regarding the business organisations and the economic activities pursued by them – i.e. about the drawing up of statutory provisions, accepting a programme and taking comprehensive measures or regarding other significant proposals.
27. In the course of preparing and submitting an economic oriented proposal, as well as in any other issues relating to its activities as applicable, the Chamber cooperates with the involved economic trade promotion and other social organisations.
Section IV
THE SELF-GOVERNMENT OF THE CHAMBER
28. As a public corporation, the Chamber takes its decisions through its elected corporate bodies in matters falling into its scope of responsibilities.
The conference of delegates
29. The supreme decision making organisation of the Chamber is the conference of delegates consisting of delegates elected by the regional chambers of commerce and industry.
30. [9]The number of delegates in Chamber conference is 231. The number of people participating in the conference of delegates must be determined in a way that it is not less than 230 and not more than 350. Each regional chamber delegates
- the President of the chamber and
- one person per each 500 regional chamber members; with any fractional remainder rounded up to 500, provided that their membership fee payments are in order, and
- a further one delegate per each one million forint membership fee paid by the regional chambers from the membership fee payments of voluntary chamber members, with any fractional remainder rounded up to one million.
31.[10] The number of participants in the conference of delegates as described in the previous point and the number of delegates who can be delegated by each regional chamber must be determined in each chamber election cycle by the last conference of delegates preceding the chamber elections, on the basis of information available about the regional chambers as at 31 December of the year preceding the subject year and detailed in point 30.
32.[11]
33.[12] If the number of participants in the conference of delegates as defined in the previous points is higher than 350, see point 30, the procedure to be followed is detailed below:
-The mandates calculated on the basis of the difference between the determined and effective number of delegates must be divided among the regional chambers where an increment prevails.
-The division is to be carried out in a way that the number of delegates to be sent by these regional chambers – starting with the regional chamber having the lowest number of delegates – must be increased by one person each until the number of delegates reaches 350.
34. [13] The number of delegates in the conference and the number sent to the conference by the regional chambers according to points 30-33 is identified in Enclosure 1 of the Statutes.
35. The delegate status of the delegates is certified in writing for the conference of delegates by the regional chamber of commerce and industry sending them to the conference.
36. [14]A delegate may not be substituted, and their authorisation is attached to their identity; they pursue their activities as a social function. A substitute delegate may exercise their legal functions as a delegate, if the delegate status of a delegate of the regional chamber electing the substitute delegate has ceased to exist due to any reason.
Exclusive scope of responsibilities of the conference of delegates
37. The following fall into the exclusive scope of the conference of delegates:
- drawing up and amending the Statutes and other self-government regulations as well as the ethics code of the Chamber,
- identifying the annual budget of the Chamber and making a decision on approving the annual financial report (balance sheet),
- electing and discharging the President, Vice-Presidents and Board of the Chamber as well as the members of the Supervisory Board and Ethics Committee,
- assessing the annual work of the Board, the President, the Supervisory Board and the Ethics Committee, and approving their report,
- defining the general regulations applying to membership fee, and determining the part due to the national Chamber from the financial resources of the regional chambers of commerce and industry,
- initiating with the organisation having jurisdiction in the field of collecting data the acquisition of statistical data entailing a data supply obligation,
- at the proposal of the Arbitration Court Presidium, it determines the register of arbitrators at the Permanent Arbitration Court, which also proceeds in international trade matters and which is attached to MKIK, adding to and deleting from this list the arbitrators,
- taking a decision which defines the financial obligation of regional chambers,
- [15]decision making on founding a business organisation or on the obtaining of a shareholding in the business organisation, if the value of obligation entailed by founding or by the obtaining of a shareholding is higher than 20 million forints,
- other tasks delegated by the regional chambers to the exclusive scope of the national Chamber.
38. The conference of delegates may in addition draw into its own scope any other matter falling into the scope of the Chamber.
Convening a conference of delegates
39. The conference of delegates must be convened at least once a year. A conference of delegates is to be convened within thirty days of receiving a request to do so, if this is desired by not less than one-fifth of the delegates – by identifying the reason and the purpose in a written suggestion addressed to the Board.
40. The conference of delegates is convened by the President of the Chamber. In case the President is unable to perform his/her duties for a prolonged period, the General Vice-President of the Chamber is entitled to convene the conference of delegates. If the President (Vice-President) of the Chamber fails to meet his/her legal obligation, the conference of delegates may also be convened by the Chairman of the Supervisory Board pursuant to para. 23, clause 3 of the 'Chamber of Economy' Act.
Decision making by the conference of delegates
41. The conference of delegates has a quorum, if more than one-half of the delegates is present. It is to be checked when making each resolution whether the meeting has a quorum.
If the conference of delegates did not have a quorum, the repeated conference of delegates will have a quorum in the matters featuring on the original agenda, regardless of the number of delegates present. Not less than one hour must pass between the starting of the repeated conference of delegates and the starting time shown in the original invitation.
If the conference of delegates becomes inquorate after it has been started, the stipulations applying to a repeated conference of delegates shall govern with the difference that at least one hour must pass between the determining of no quorum and the starting time of the repeated conference of delegates.
42. The conference of delegates makes its resolutions with a simple majority of votes.
At least a two-third majority resolution of the delegates present is required for approving and amending the Statutes and other self-government regulations.
43. At the conference of delegates, open voting is applied, but at the initiative of any delegate present the conference of delegates may prescribe secret voting with a simple majority of votes.
44. In the case of a tie vote, the proposal is to be considered as having been rejected.
45. In personal issues the voting is secret as a rule of thumb, but the conference of delegates – except in the case of multiple nomination – may prescribe open voting even in this case by a simple majority of votes, at the initiative of any delegate present.
46. [16]The conference of delegates may set up technical committees for assisting its work (credentials and nominations committees, returning board) and other permanent or provisional committees as well. These committees have a reporting and proposing obligation to the conference of delegates. More detailed regulations about the conference of delegates are given in the ‘Rules of procedure of the conference of delegates’.
The Board
47. The Board is the reconciliation, decision preparation and management organisation of the Chamber. Its task is to outline Chamber policy, pursue strategic and coordination activities, to make a decision on whether the Chamber should join an international organisation or terminate its membership in an international organisation, and furthermore to manage the activities of the Chamber in periods between the conferences of delegates, in accordance with the resolutions thereof. The Board exercises employer's rights over the Secretary General, regarding the establishing and terminating of an employment relationship and concerning the amendment of the work contract.
48. [17]The Board of the Chamber is a corporate organisation consisting of 36 persons. Ex officio, the President of the Chamber and his/her Vice-Presidents are members of the Board. The other members of the Board are the presidents of the regional chambers (altogether 24 persons), 8 members of the Board elected from among the handicraft members and the other elected members of the Board.
49. [18]
50. [19] A Managing Board is attached to the Board, which Managing Board is a corporate organisation not elected by the conference of delegates. The Managing Board assists the decision preparation activities of the Board and the decision making activities of the Chamber President. The members of the Managing Board are the President, the General Vice-President, the Vice-Presidents and the Secretary General. In certain matters not falling into the exclusive scope of the Board, it may delegate decision making to the Managing Board.
51. [20]The rules of procedure of the Board and the Managing Board are determined by the Board.
Convening a meeting of the Board
52. The Board performs its duties on the basis of a work plan and it holds a meeting as necessary, but at least six times a year. If the President of the Chamber is unable to perform his/her duties for a prolonged period, the meeting is convened by the General Vice-President or after a consultation by the Secretary General.
53. The meetings of the Board are headed by the President of the Chamber or his/her General Vice-President.
54. The parties always invited to the meetings of the Board are the Chairman of the Supervisory Board, the Chairman of the Ethics Committee and the Secretary General.
Decision making by the Board
55. The Board makes its decisions on the basis of a simple majority of votes, generally by open voting. Secret voting is applied if the Board so decides.
56. In the case of a tie vote, the proposal is to be considered as having been rejected.
57. The Board has a quorum if more than one-half of its members is present at the meeting.
Scope of responsibilities of the Board
58. The Board may draw within its own scope any matter falling into the scope of the Chamber, except for decisions falling into the exclusive scope of the Conference of Delegates, the Supervisory Board and the Ethics Committee.
59. [21]The following matters fall into the exclusive scope of the Board:
a) drawing up the work plan of the Board;
b) making a proposal to the conference of delegates on the annual activities and business management plant of the Chamber;
c) managing the Chamber’s operations in periods between the conferences of delegates, and within this scope coordinating in merit the activities of the Chamber’s self-government and corporate organisations;
d) conceptual management and actual supervision of tackling the operational and business management tasks;
e) exercising employer’s rights over the Secretary General, regarding the establishing and termination of the employment relationship and furthermore in association with the amendment of the work contract;
f) in the course of preparing the conference of delegates, determining the place and time of the conference of delegates, the group of subjects (to be discussed), whether each proposal is going to be made in writing or verbally, the text and method of disclosing an announcement, the wording of the invitation and the schedule, the recommended members of the main and preparation (technical) committees and identifying the persons to be invited;
g) deciding whether to form a trade college and the Board's working committee;
h) coordinating the operations of trade colleges, the Board’s working committees, and deciding the rules covering the division of labour;
i) when finding an incompatibility within the Chamber (para. 27, clauses (2)-(6) of the 'Chamber of Economy' Act), taking the necessary measures or making a proposal on discharging the involved person;
j) taking strategic decisions which become necessary within the scope of business management,
k) making a decision on founding a business organisation or on obtaining a shareholding in a business organisation, if the value of commitment related to founding this organisation or to acquiring the shareholding is not higher than 20 million forints;
l) defining the distribution principles of budget subsidies granted for meeting a public task, among the regional chambers of economy;
m) decision making on whether the Chamber should become the member of an international organisation;
n) deciding to set up a Chamber representation office abroad;
o) determining and modifying the rules of procedure of the Permanent Court of Arbitration attached to the Chamber, which Court also proceeds in international commercial matters,
p) approving the Organisational and Operational Rules of the Chamber’s administrative organisation.
60. [22]The following matters require a statement from the Board
- if the Chamber comments on a significant matter involving the whole economy or a wide range of entrepreneurs, for the purposes of these rules the matter is qualified as important, if it involves the general conditions of running the economy (infrastructure, educational system, public dues, etc.) or a broad range of entrepreneurs, regardless of their regional and trade associations.
- if a measure manifesting an important principle from the aspect of the whole economy makes a gross influence on the interests of the entrepreneurs.
An issue may be included on the agenda of the Board meeting
- on the basis of a legal obligation,
- as a result of an approved work plan,
- on the basis of a proposal from the President, the General Vice-President and – in matters falling into the scope of the college – from the Chairman of any Board College, or
- when this is supported by at least one half of the board members.
The Secretary General makes sure that the documents are prepared for the Board meeting, and they are put forward by the relevant official or a by different person authorised by him/her (e.g. an outside expert).
The Board colleges
61. In order to ensure that the tasks of the Chamber are tackled successfully, a reconciled opinion is formed and then efficiently implemented, the Board may set up colleges and working committees. The Board’s rules of procedure include the uniform operating and procedural codes of these colleges and committees.
62. [23] In view of the election cycles, the Chamber has the following colleges identified - on the basis of the Board’s proposal - by the first conference of delegates following a conference of delegates aimed at re-electing the officials:
- E-economy college,
- Construction industry college,
- Economic policy college,
- Real estate management college,
- Industrial college,
- R&D and Innovation college,
- Commercial college,
- Handicraft college,
- Small and medium enterprise developments college,
- Environmental college,
- Transport and Infrastructure college,
- Multinational and Regional (Large Companies) college,
- International Chamber Relations college,
- Education and Special Training college,
- Regional Development college,
- Tourism college.
63. Within the college, sections may be established in order to address the tasks more efficiently, on the basis of the college’s proposal and the Board’s decision.
64. [24]The colleges are headed by college chairmen requested to act as such by the Chamber President, selecting them out of the members of the Board or other suitable Chamber members, followed by the Board's approval.
Each regional chamber may delegate one member to the college. The members of the college elect a Vice-President from among their ranks. The chairman of the college regularly reports to the Board about the work of the college.
In technical issues, the chairman of the college may make a statement on behalf of the college.
65. [25]At the proposal of the college chairman, the President of the Chamber may appoint a co-chairman or honorary chairman out of the prestigious personalities of the relevant trade/sector, in order to support the efficiency of the college’s technical work.
The President
66. [26]The Chamber is represented independently by the President; he may acquire rights and take on obligations on behalf of the Chamber. In matters involving the whole Chamber or in cases when this is demanded by the importance of the matter, Chamber correspondence is carried out with the President’s signature, and any discussion is headed by the President. The President may confer his/her scope of responsibilities on a case by case basis and regarding specified groups of matters upon the Vice-Presidents and the Secretary General in writing. The President is elected for a period of 4 years, and he/she may be re-elected.
67. [27]The following matters fall into the scope of responsibilities of the President
- performing the ongoing, comprehensive and independent representation of the Chamber,
- managing and coordinating the activities of the Chamber and the Board,
- promoting the general trade of business organisations with the Government,
- keeping in touch with the President of the Hungarian Chamber of Agriculture, the Presidents of nation-wide trade chambers, economic trade promotion organisations and other social organisations, with the head of the government and other public dignitaries, as well as with the heads of ministries and organisations of a nation-wide scope,
- managing the international activities of the Chamber, receiving government level delegations from abroad and participating in government level delegations travelling abroad,
- keeping in touch with the international Chamber organisations and foreign 'chambers of economy',
- convening the conference of Chamber delegates,
- making decisions identified in the deed of foundation of public service corporations in sole Chamber ownership, i.e. the decisions falling into the exclusive scope of the founder.
68. [28]
69. The President has discussions with the President of the Republic, the President of the Parliament, the Prime Minister, the Ministers and the heads of organisations having a nation-wide scope as well as with the chairmen of the affiliated chambers, and in fact Chamber correspondence is carried out on his/her behalf.
70. In matters involving the whole Chamber, the President or - in order to ensure appropriate coordination, with the contribution of or by providing information to the General Vice President - an official appointed by the President may contact the chairmen of regional chambers.
71. The President has to report his/her activities annually to the conference of delegates, and he/she must supply information regularly to the Board.
72. The President executes his/her task as a social duty.
The order of substituting the President
73. In case the President is absent for a prolonged period or he/she is temporarily unable to perform his/her duties, he/she is substituted by the General Vice-President. In case the General Vice-President is unable to perform his/her duties, too, the President issues a separate authorisation regarding his/her substitution.
The exclusive scope of responsibilities of the President
74. [29]The President may draw any matter falling into the scope of the Chamber into his/her own scope, except for decisions falling into the exclusive competence of the Conference of Delegates, the Board, the Supervisory Board and the Ethics Committee.
In his/her exclusive scope
a)
b) the President exercises employer's rights over the Secretary General - except for the establishing and termination of employment relationship and furthermore apart from amending the work contract.
c) the President endorses for the members of the Board the refunding of expenses necessary and justified for addressing their actual tasks.
The Vice-Presidents
75. [30]One General Vice-President and eight Vice-Presidents may be elected at the Chamber. The Vice-Presidents are appointed by the conference of delegates from among the members of the Board.
- The Vice Presidents,
- participate in running the Chamber according to trade and regional principles,
- contribute to running the trade colleges and working committees of the Board,
- tackle all the tasks which are delegated to their scope by the Board or the President,
- may make a statement on behalf of the Chamber on the basis of authorisation from the President in trade issues falling within their scope of responsibilities,
- if the President is unable to perform his/her duties, the General Vice-President of the Chamber has the right to replace him/her on a full rights and responsibilities basis.
Supervisory Board
76. The conference of delegates elects a seven-member Supervisory Board, which is a corporate body.
77. [31]
78. [32]
79. The members of the Supervisory Board appoint a Chairman and a Vice-Chairman from their ranks. The Supervisory Board determines its rules of procedure itself.
The task of the Supervisory Board
80. The Supervisory Board examines whether the activities and business management of the Chamber correspond to the statutory provisions, to the Chamber Statutes and to its other self-government regulations. The Supervisory Board also investigates whether business management has been carried out cost efficiently.
81. The Supervisory Board is obliged to have the business management of the Chamber examined by an independent auditor at least once a year.
82. The Supervisory Board conducts reconciliation and takes a stand in the matter of appeals against the resolutions taken by the corporate bodies of the Chamber.
83. The Supervisory Board may ask the officials and administrative organisations of the Chamber to supply any data and information and it may have access to any documents necessary for tackling its tasks.
84. The conference of delegates may only make a decision on the annual budget of the Chamber and on the annual report (balance sheet), once the opinion of the Supervisory Board is known.
85. The Supervisory Board reports about its activities to the conference of delegates, and may not issue instructions to its members within the range of tackling their tasks.
Measures taken by the Supervisory Board
86. [33]The Supervisory Board calls upon the Board to take the necessary measures in order to make sure that the activities and business management of the Chamber correspond to statutory provisions, to the Statutes of the Chamber and to other self-government regulations, in addition to the rules of satisfactory business management.
87. If the Board does not meet this request, the Supervisory Board initiates the convening of the conference of delegates.
88. The Chairman of the Supervisory Board convenes the conference of delegates, if the President does not meet his/her corresponding obligation.
The Ethics Committee
89. The conference of delegates elects a 23-member Ethics Committee; the Ethics Committee is a corporate body, and its members are the Ethics Committee chairmen of the regional chambers of commerce and industry, who elect from their own ranks the Chairman, General Deputy Chairman and Deputy Chairmen of the Committee.
90. Through the Ethics Committee, the Chamber elaborates and continuously maintains, and if necessary interprets in reconciliation with the Competition Office the ethics regulations on fair market practices. The officials of the Chamber contribute as necessary to the activities of the Ethics Committee.
90/A.[34] Via the Ethics Committee, the Chamber elaborates and continuously updates the ethics rules applying to the senior officials of MKIK and the regional chambers and furthermore to the persons who have an elected post in the Chamber bodies.
91. Within the scope of responsibilities of the Committee, the Chairman of the Ethics Committee represents the Chamber. This scope of authority may be conferred upon the members of the committee in writing on a case by case basis or in certain groups of matters. The representation rights of the Chairman and members of the Ethics Committee are without prejudice to the representation rights of the President of the Chamber and the persons authorised by him/her (or - if such a regulation is passed - by the Statutes).
The Secretary General
92. The Secretary General is the head of the administrative organisation of the Chamber, and the Secretary General has an employment relationship with the Chamber. As a rule of thumb, the post of the Secretary General may be filled on the basis of competition.
93. [35]The Secretary General exercises employer’s rights over the employees working in the administrative organisation of the Chamber and heads the secretaries meeting.
94. The Board exercises employer’s rights over the Secretary General regarding the establishing and termination of the employment relationship and furthermore related to the amendment of the work contract, while other employer’s rights are exercised by the President.
95. [36]The Secretary General makes sure that the conditions of operation of the Chamber’s self-government organisation, Board colleges and other organisations are met. The detailed regulations on the legal status and scope of responsibilities of the General Secretary are determined by the organisational and operational rules of the administrative organisation of the Chamber.
The secretaries meeting
95/A.[37] The Chamber has a secretaries meeting in which the regional chamber secretaries participate. The meeting prepares decisions and coordinates the execution of Chamber tasks. The secretaries meeting is headed by the Secretary General of the Chamber and it is convened at least six times a year.
The secretaries meeting
- discusses proposals featuring on the agenda of the Board meeting, i.e. proposals that require preliminary reconciliation;
- organises and coordinates the addressing of tasks related to the use of budget subsidies granted for the meeting of public tasks;
- elaborates proposals and recommendations for the regional chambers, in order to ensure a uniform method for tackling certain regional Chamber tasks (information, training, special training, etc.);
- organises and coordinates an exchange of experience among regional chambers;
- elaborates methods relating to the rendering of uniform Chamber services nation-wide.
The secretaries meeting determines its rules of procedure itself.
Administrative organisation of the Chamber
96. The Chamber carries out its activities falling within its scope of responsibilities via its administrative organisation. The Secretary General exercises employer’s rights over the employees working in the administrative organisation.
97. Regarding the legal status of the employees working in the Chamber’s administrative organisation, the stipulations of the Labour Code shall govern.
98. The structure and the order of operations of the Chamber’s administrative organisation, and hence especially the relationship among the various organisational units and between these units and the corporate bodies are determined by the organisational and operational rules of the Chamber’s administrative organisation.
Chamber representation
99. The Chamber is represented independently by the President.
100. [38]This scope of authority may be conferred in writing upon the Vice-Presidents and the Secretary General in a way identified in the Statutes and on a case by case basis as well as regarding a certain identified group of matters. The Secretary General represents the Chamber regarding the managing of the administrative organisation, the exercising of employer’s rights and in the tackling of its tasks identified in the organisational and operational rules.
101. [39]On behalf of the Chamber, the following persons have independent signing and commitment rights: the President and Vice-Presidents entitled to sign independently, the Secretary General in the scope of responsibilities conferred upon him/her by the President and in the tasks specified in the previous point, and furthermore those persons who are entitled to sign independently or jointly on the basis of statutory provisions or the President's instructions.
Joint regulations applying to the Chamber officials
102. [40]The officials of the Chamber are:
- the President,
- the Vice-Presidents,
- the Chairman of the Supervisory Board,
- the Chairman of the Ethics Committee,
- the Secretary General.
103. Next-of-kin (para. 685, clause b) of the Civil Code) and spouses may not simultaneously be officials of the Chamber.
Election and discharging regulations
104. The delegates are elected by the conferences of delegates of the regional chambers of commerce and industry - according to the rules identified in the statutes of these chambers.
105. [41]The delegates, the members of the corporate bodies, the President of the Chamber and the other elected officials may be elected for a period of up to four years, and then they may be re-elected.
106. A delegate, a member of the corporate bodies and the President of the Chamber as well as other elected officials may be discharged by the organisation which elected him/her.
107. [42]Discharging a person is possible on the basis of the written and justified resolution of the organisation which has elected the involved person, if the member of the corporate body, the elected official
- has resigned,
- has shown actionable conduct in the course of performing his/her duties,
- becomes unsuitable for performing his/her duties,
- an incompatibility or excluding cause has been found regarding this person and the person nevertheless failed to resign from his/her post,
- the number of members in the corporate body has decreased as a result of provisions in the Statutes.
The positive and negative conditions of having the right to be elected
108. Unless stipulated otherwise by the Chamber Act, a person may be elected as a delegate, a member of a corporate body or the President (Vice-President) of the Chamber, provided that he/she is
a) older than 18 years of age;
b) a Hungarian citizen or a foreign citizen who has an employment permit or may work in Hungary without a permit and,
c) a member (shareholder), senior official or employee of a business organisation which is a member of the regional Chamber;
d) has met its obligations stemming from membership;
e) [43]
109. The following persons may not be elected as a member of the Supervisory Board
a) a member of the Board;
b) the Secretary General of the 'Chamber of Economy';
c) a person who is working in the administrative organisation of the 'Chamber of Economy', and has an employment relationship or other legal relationship aimed at employment with the Chamber;
d) a next-of-kin of the persons mentioned in points a)-c) according to para. 685, clause b) of the Civil Code and his/her spouse.
110. A different person having the appropriate skills may also be elected as a member of the Chamber's Supervisory Board - other than a delegate of the Chamber.
111. The following persons may not be elected as a member of the corporate body:
a) a person who is under guardianship which limits or excludes his/her ability to act;
b) a person who is under the effect of a legally binding judgement which prohibits proceeding in public affairs;
c) a person who is in jail;
d) a person who is under involuntary treatment prescribed on a legally binding basis in a criminal procedure and furthermore,
e) a person to whom a different incompatibility applies as specified in a different Act.
112. A person may not have a post in the Chamber, if
a) he/she may not be elected as a delegate on the basis of the previous paragraph;
b) a person who does not have permanent residence in Hungary and furthermore;
c) a person who is in a public service legal relationship;
d) [44]
112./[45]A The detailed regulations of conducting an election are given in the Election Code (Enclosure 3 of the Statutes).
Section V
THE CHAMBER’S OPERATIONS
Financial resources
113. The Chamber covers from the following revenues the costs entailed by tackling its public tasks and pursuing its activities:
a) membership fees;
b) fees paid for the Chamber’s services;
c) revenues from the activities of companies founded by the chamber;
d) other revenues (arbitration court, insurance surveyor, other service fees and competition resources), including voluntary contributions;
e) document verification revenues of regional chambers, as identified in separate regulations;
f)) subsidies identified in the Budget Act.
114. Determining the part due to the national Chamber from the financial resources of regional chambers falls into the scope of the conference of delegates (Chamber Act para. 19, clause 1/(b)).
115. In case the proposal made by the conference of delegates on identifying the part due to the national Chamber is not accepted, the resolution made in this respect earlier would remain in force.
Founding of a company
116. Except for the cases described in point 117, the Chamber may not conduct business oriented production, trading or service providing activities, for the purpose of obtaining profits and assets, may not be a member of such a business organisation and may not acquire a shareholding in such a company.
117. [46]The Chamber - in order to tackle its public tasks which also require business activities - may found a business organisation or a public service corporation, but it may only channel its after-tax profits achieved as a result of these business activities to the addressing of public tasks.
118. [47]The 'Chamber of Economy' may be a member of such a business organisation or may acquire a shareholding in such a company, but its commitment may not be higher than the amount of its pecuniary contribution. The 'Chamber of Economy' and its company (see point 117) may not draw down a credit which jeopardises the tackling of its public tasks, may not issue a bill of exchange or securities embodying a different credit relationship, it may not use the subsidies received from the sub-systems of public finances as a collateral for or in repaying a loan, and its free financial assets becoming available temporarily may only be invested in securities issued with a state guarantee.
119. [48]
120 On the basis of a legal authorisation stipulated in para. 3, clause 1 of the Chamber Act, the Chamber is entitled to initiate its registration as an organisation rendering high priority public services on the basis of Act CLVI of 1997 on public service organisations.
Judicial supervision
121[49]The public prosecutor’s office exercises judicial supervision over the Chamber, according to separate applicable statutory provisions. The judicial supervision does not cover the Permanent Arbitration Court, which also proceeds in international trade matters and which is attached to the Hungarian Chamber of Commerce and Industry and furthermore the matters in which otherwise a court or according to separate statutory provisions a public administration procedure lies.
122. [50]The public prosecutor’s office exercising judicial supervision checks whether the Chamber’s
a) Statutes and other self-government regulations or their amendments correspond to the statutory provisions,
b) activities and decisions fail to violate the statutory provisions, the Statutes or other self-government regulations.
123. [51]If the legal nature of the Chamber’s operations may not be guaranteed in a different way, the public prosecutor’s office may turn to a court acting within its scope of authority as a judicial supervision organisation. The court
a) overturns the Chamber’s resolution which has violated the law and if necessary prescribes the making of a new resolution;
b) convenes the conference of delegates of the Chamber in order to restore the legal form of operations;
c) suspends the operation of the Chamber or certain organisations of the Chamber in the case of repeated or gross violation of law, appointing at the same time a supervisor for the period of eliminating the condition which has violated the law. The court determines the task of the supervisor, defines a deadline for restoring the legal status and if necessary may appoint a new supervisor after the discharging of the former one. The supervisor is responsible for damage caused by his/her activities in accordance with the rules of civil law;
124. [52]The supervisor is obliged - in order to restore the legal operations - to convene the conference of delegates of the Chamber immediately. In case the court has suspended the operations of the President or the Board, the supervisor proceeds in urgent matters taking over the scope of authority of the President and the Board.
125. [53]
Court review of illegal resolutions
126. A member of the MKIK may request from the court the review of a resolution made by a corporate body of the Chamber, if this resolution violates the stipulations of this Act, other statutory provisions, the statutes of the Chamber or other self-government regulations. Against the illegal resolution made by the corporate body of the MKIK, the regional Chamber has the right to initiate a review.
127. Prior to initiating a lawsuit, the regional Chamber is obliged to report to the Supervisory Board the violation of law within thirty days of being informed on the illegal resolution, but the latest within six months of making the resolution. Failing to meet this latter deadline will be subject to forfeiture.
128. Within thirty days of this report, the Supervisory Board is obliged to make a comment in writing.
The lawsuit must be initiated by the regional chamber against MKIK within thirty days of the Supervisory Board’s comment or after the deadline identified in the previous paragraph has passed unsuccessfully. Launching the lawsuit does not have a delaying effect, but the court may suspend the execution of the resolution.
129. When failing the deadline identified in the previous paragraph, no certificate will be issued. Otherwise the court proceedings are subject to the general rules of the Act on the Code of Civil Procedure.
Special provisions
130. For the purposes of these Statutes
- economic trade promotion organisation: a social organisation established for directly meeting the interests of business organisations or for promoting these trade interests towards third parties. The members of this organisation are business organisations or the social organisations established by them.
Section VI
PROVISIONAL ANC CLOSING REGULATIONS
131. These Statutes enter into force on 8 February 2001; the starting date of the Chamber’s activities as a public corporation is 1 January 1995.
132. On the basis of the first indent in para. 78, clause 1 of the repealed Act XVI of 1994 (the former Chamber Act), the Chamber is a legal successor of the Hungarian 'Chamber of Economy' within the field of activities where non trade promotion tasks are tackled.
Closure
The MKIK Statutes were approved in its resolution 12/2001 and promulgated as of 8 February 2001 by the MKIK XI conference of delegates. At the same time, the Statutes approved on 21 December 1994 and repeatedly amended since has been repealed.
Dr László Parragh
President
Enclosure 1 of the MKIK Statutes
Number of delegates who can be sent to the conference of delegates by the MKIK members[54]
|
Chamber/a city with county rights, other than the county seat |
Number of delegates |
|
Bács-Kiskun |
12 |
|
Békés |
8 |
|
Borsod-Abaúj-Zemplén |
12 |
|
BKIK |
31 |
|
Csongrád |
13 |
|
Fejér |
9 |
|
Dunaújváros |
5 |
|
Győr-Moson-Sopron |
11 |
|
Sopron |
4 |
|
Hajdú-Bihar |
10 |
|
Heves |
10 |
|
Jász-Nagykun-Szolnok |
8 |
|
Komárom-Esztergom |
6 |
|
Nógrád |
5 |
|
Pécs-Baranyai |
14 |
|
Pest |
20 |
|
Somogyi |
9 |
|
Szabolcs-Szatmár-Bereg |
7 |
|
Tolna |
11 |
|
Vas |
6 |
|
Veszprém |
10 |
|
Zala |
7 |
|
Nagykanizsa |
3 |
|
Total: |
231 |
Enclosure 2 of the MKIK Statutes
Listing of the Chamber’s core activities according to TEÁOR (Standard Sectoral Classification of Business Activities)
22.11 Book publishing
22.12 Publication of periodicals
22.15 Other publications
22.24 Printing preparation activities
22.33 Multiplication of computer data sources
67.20 Activities for supplementing insurance and/or pension fund
72.10 Hardware consultancy
72.21. Software issuing
72.22. Other software consultancy and supply
72.30 Data processing
72.40 Database activities, on-line publication
72.60 Other computer technology activities
73.20 Human research, development
74.11 Legal activities
74.12 Accounting and tax consultancy activities
74.13 Market and public opinion polls
74.14 Business consultancy
74.85 Secretary and translation activities
74.87 Other economic services not listed elsewhere
80.42 Adult and other training not listed elsewhere
91.11 Promoting the trade of contractors
Enclosure 3 of the MKIK Statutes
Election Code[55]
I.
Common rules of conducting regional chamber elections
1. In the case of regional chambers, the timing of electing the members of the corporate bodies, the Chairman of the chamber and other elected officials shall be determined in a way that it takes place the earliest 45 days after the publication of the electoral register, and the latest prior to the end of the four-year election cycle.
2. The appointing and election of the chamber delegates (substitute delegates) are carried out at the meeting of departments identified in the chamber Statutes. The delegate election meetings of the departments may be held when 30 days pass after the publication of the electoral register, at a time to ensure that not less than 15 days pass between the conference of delegates for the re-election of officials and the delegate election meeting of the department and so that the deadline for the four-year election cycle is observed. In view of the number of chamber members associated with a department, the appointing and election of the delegates may also be carried out at sub-department meetings.
3. The detailed regulations of appointing and electing the delegates (substitute delegates), the members of the corporate bodies, the Chairman of the chamber and other elected officials - including the rules covering the conducting of (written) appointing and election outside the sub-department meetings and department (sub-department) meetings - shall be determined in the Statutes of the regional chamber.
4. In order to support the conducting of elections, a credentials committee and a returning board shall be set up with the regional chambers and - depending on the method of appointing and election - a nominations and election committee may be established.
Other regulations covering the number of members in committees, and the method, tasks and operations of electing the members shall be determined in the Statutes or election code of the regional chamber.
5. The data necessary for compiling the electoral register of regional chambers are supplied by the Hungarian Chamber of Commerce and Industry by 30 June 2004 the latest.
6. The corporate body identified in the Statutes of the regional chamber shall make sure about publishing the electoral register of the regional chamber. The method of publication shall be determined in the Statutes or election code of the regional chamber .
7. Complaints about the electoral register shall be submitted in writing not less than 15 days prior to the holding of the department (sub-department) delegate election meetings. Regarding the complaints, the corporate body appointed in the Statutes of the regional chamber shall make a decision, and a complaint believed to be ungrounded shall be passed on, the latest on the third day after receipt, to the local court operating at the county seat, and in Budapest to the Pest Central District Court.
8. For exercising the election (nomination) rights
a) a chamber member business organisation shall be added to the electoral register of the regional chamber where it is registered as a member;
b) if the business organisation is a member of several regional chambers, this must be done in each involved chamber;
c) if a business organisation is not a chamber member, it shall be added to the electoral register of the regional chamber of the area where its registered office is.
9. A person entitled to vote on behalf of a business organisation added to the electoral register or in the case of several persons having representation rights (para. 2, point (f) of the 'Chamber of Economy' Act) any of them, may prove eligibility for voting by a document suitable for proving identity (ID, passport). By his/her authorised signature, the person eligible for representation may give authorisation to persons identified in the Chamber Act to exercise the chamber election rights. The authority must say whether the authorisation is an ad hoc or permanent one. A permanently authorised person - contrary to the ad hoc authorisation - may be appointed for a chamber post. The delegates elected at the delegate election meeting of the department may only exercise their voting rights personally at the conference of delegates of the regional chambers.
10. The conference of delegates may establish in the regional chambers other department(s) in addition to the commercial, industrial and handicraft departments - in view of observing the election cycles - if this is justified by the importance, economic world impact and strategic role of the relevant economic sector within the county, the capital or a city. A further precondition is that the number of members in the new department(s) reaches at least 10% of the number of members in the regional chamber, or its economic weight is higher than 10% of the combined economic weight of the members of the regional chamber.
The detailed regulations of setting up a department (departments) must be determined in the Statutes of the regional chamber.
11. In order to determine the number of delegates to be elected by each department, identifying the economic weight of the department may be carried out
- either on the basis of the corrected net sales revenues of the department’s members or
- on the basis of the membership fee paid
in view of the number of members in the department.
12. In issues not covered by the Chamber Act and this code, the regional chambers of commerce and industry may set up their own regulations independently.
II.
Election code applying to MKIK
1. In order to support the conducting of Chamber elections, the Chamber has a 23-member Election Committee, a 23-member Nominations Committee, a 3-member Credentials Committee and a 3-member Returning Board consisting of one representative of each regional chamber.
The members and Chairmen of the committees are elected by the conference of delegates.
2. A committee meeting has a quorum if more than one half of its members is present, and the decisions are made on the basis of the votes of more than one half of the members present, with the understanding that each committee member is entitled to one vote.
3. The tasks of the Election Committee are:
a) making a proposal to the Board on identifying the time and venue of Chamber elections;
b) organising the conducting of Chamber elections, satisfying the technical conditions (polling place, ballots, etc.) required for the election;
c) preparing the conference of delegates for re-electing the officials;
d) issuing recommendations to the regional chambers about the conducting of elections.
The first meeting of the Election Committee is held within 8 days of its setting up the latest.
4. The tasks of the Nominations Committee
a) appointing the members of the Chamber's corporate bodies, the President, the Vice- President and the elected officials, the deadline of which is the third day prior to the date of the conference of delegates for re-electing the officials;
b) preparing ballots up to the date of the conference of delegates for re-electing the officials, regarding the candidates;
c) obtaining and registering the consents and incompatibility statements from the candidates.
The first meeting of the Nominations Committees is held at least within 30 days prior to the conference of delegates for the re-election of the officials.
5. The nominations regarding the identity of the candidates are submitted to the Chairman of the Nominations Committee by the regional chambers on the basis of a decision made by their conference of delegates for re-electing the officials via their members delegated to the Nominations Committee.
6. The preconditions of nomination are that the candidate
a) is a national delegate in the case of the President’s post;
b) in the case of the General Vice-President and Vice-Presidents, he/she should be appointed for membership in the Board;
c) in the case of Ethics Committee members, the candidate should be the Chairman of the Ethics Committee elected by the conference of delegates for the re-election of officials at the regional chamber;
d) in the case of the members of the Supervisory Board, each region must be represented on the basis of the proposals coming from the regional chambers of the region.
7. The nomination must include
a) the candidate's name;
b) the candidate’s regional chamber, department and post to be filled;
c) the identification of the business organisation represented by the candidate.
8. The Nominations Committee makes a decision on the identities of the candidates prior to the date of the conference of delegates for the re-election of the officials. A candidate may be added to the list of nation-wide candidates if he/she has obtained support votes from one quarter of the Committee.
9. The tasks of the Credentials Committee
a) certifying the regular nature of election and the fact that the mandate has been obtained - in view of the incompatibility regulations;
b) examining the complaints and objections related to the election and submitting them with a decision proposal to the conference of delegates for the re-election of the officials.
10. The tasks of the Returning Board are
a) determining whether the votes cast are valid;
b) counting the ballots and registering this in a protocol.
11. In conducting the conference of delegates for the re-election of the officials, the stipulations of the Statutes on the conference of delegates and the rules of procedure of the conference of delegates must be applied.
12. The election is secret, and it is carried out by ballot-box voting, in all cases when the number of candidates according to the list of candidates - in the case of the official(s) and the members of the corporate body (bodies) - is higher than the number of mandate(s) which can be issued (multiple nomination).
13. The election is carried out by open voting in the cases when the number of candidate(s) according to the list of candidates is equal to the number of mandate(s) which can be issued, i.e. if there is no multiple nomination. Open voting is carried out by a voting disk or ballot issued at the time of registration. If the majority of votes is obvious, it is not necessary to count the ‘yes’, ‘no’, and ‘abstaining’ votes.
14. In view of the number of mandates that can be issued, the candidates who receive the highest number of votes will be the members of the corporate bodies.
If there is only one candidate for the post of the President and General Vice-President, more than one half of the votes of the persons present is necessary for their election (simple majority of votes).
15. In the case of a tie vote, the voting must be repeated by open voting regarding the involved (mandate(s)).
16. Within 8 days of the date of the conference of delegates for the re-election of officials, the Chairman of the committee is elected from among the members of the Supervisory Board and the Ethics Committee.
Enclosure 4 of the MKIK Statutes
Ethics code applying to the elected officials of MKIK and the regional chambers, as well as to the persons who have a post in the Chamber bodies
1. A person having a post in the chamber behaves ethically if
a) he/she makes it unambiguous every time that he/she is making a statement or is having negotiations on the basis of his/her post or as a contractor;
b) he/she does not make efforts to have unjustified advantages and does not accept such benefits;
c) he/she uses his/her Chamber function and the Chamber resources/organisations exclusively for pursuing his/her Chamber tasks, in view of the relevant regulations, keeping in mind the objectives of expedience and cost efficiency;
d) he/she only makes statements or takes a stand in matters in which he/she has competence, and in his/her statements he/she makes sure that fairness is observed both in substance and ethics;
e) in providing information and paying the membership fee, he/she sets an example;
f) in statements and during his/her activities, he/she makes efforts to preserve the reputation of the Chamber;
g) as an elected official, he/she supports the work of the bodies by fair, rapid and unbiased administration, by showing up on time at the meetings, and after thorough preparations, contributing to the successful completion of the work objectively;
h) in decision making situations, he/she immediately provides information on his/her involvement - interpreted in a general sense - and would not participate in decision making, and as far as the preparation of a decision is concerned, he/she only contributes when expressly asked to do so by the body;
i) in issues involving the Chamber, he/she makes efforts to learn about the members’ opinion to make a comment - with primary consideration of the comments of members delegating and electing him/her - and he/she makes a statement accordingly;
j) in the course of his/her statements, he/she behaves as a well-educated person which is reflected by his/her appearance;
k) he/she only takes assignments where he/she is able to address the tasks on a prolonged basis and at a high standard, and when hindered in doing so, he/she offers his/her resignation.
2. A person filling a post in the Chamber, when performing his/her duties and making comments in several trade promotion, trade, and social organisations as well as associations
a) prior to a decision making situation, he/she reveals a commitment with a different organisation, and after the decision - if this is contrary to his/her expressed statement or with a decision already made in a different organisation which represents a commitment to him/her - he/she provides this information immediately;
b) he/she shares with his/her fellow members in the chamber information obtained as a result of his/her post in a different organisation - unless this is expressly prohibited - thereby increasing the level of information they have available which would assist their work;
c) he/she consistently represents this opinion also in the other organisations, and in case his/her view changes, this is immediately given as information to the involved organisations as well;
d) at the same time he/she assists the cooperation based on mutual advantages among the organisations.
3. Conducting the process related to the application of the ethics rules above falls into the competence of the regional chamber’s Ethics Committee and in the case of the national Chamber officials, the competent organisation is the Ethics Committee of the MKIK.
Enclosure 5 of the MKIK Statutes
DOCUMENT VERIFICATION CODE
1. Pursuant to Act CXXI of 1999 on the 'Chambers of Economy' (Chamber Act), para. 10, clause 1, sub-clause a), the 'Chambers of Economy' "issue and verify certificates of origin, certificates and other documents required in the commercial distribution of commodities".
In this range of activities (hereinafter document verification activities), the regional chambers of commerce and industry (hereinafter regional chambers) as well as the Hungarian Chamber of Commerce and Industry (hereinafter MKIK), proceed according to law-decree 5 of 1966, decree 1/1979 (I.10.) KKM, Act C of 1995 and government decree 45/1996 (III.25.) Korm. as well as to the stipulations in the applicable document verification code, on the basis of the sharing of tasks detailed in point 2.
2. Document verification is such a partly decentralised task (carried out separately at each regional chamber), which - in line with the international (and also Hungarian) trading principles - may only be implemented under the supporting, professional and aval responsibility of a nation-wide organisation, with its efficient coordination and under its regular control.
The method of splitting the tasks:
The regional chambers carry out the following functions:
Ø issuing of ATA certificates
Ø issuing of the form FORM ‘A’ (GSP) certificate of origin,
Ø issuing the ORIGINAL (general) certificate of origin,
Ø endorsing of the commercial invoices as well as other commercial documents (e.g. waybill, animal health certificate, quality certificate, etc.) attached to the commodity.
MKIK performs:
Ø the international and domestic coordination of chamber tasks related to document verification,
Ø handling of the complaints about ATA certificates (domestic and international),
Ø verification of contracts,
Ø issuing of force majeure certificates.
3. The tasks and obligations of regional chambers in the course of the document verification activities:
3.1. In order to meet the trade (technical) conditions, a document verification activity may only be pursued by a person if he/she has a certificate proving tertiary education in the trade or appropriate trade experience gained in this area (for at least three years), if the specimen of signature of the Chamber employee pursuing this task has been submitted to MKIK.
3.2. The charges of each document verification service is identified by the MKIK Board, i.e. it is reviewed annually, and the application of the uniformly identified charges and the specified amount of security deposit is obligatory.
The price discount that can be granted on the basis of chamber membership may be manifest by the regional chambers regarding each member of the chamber of commerce and industry, in case the party utilising the service certifies his/her/its chamber membership - beyond doubt - and if this has been verified by the regional chamber rendering the service in a documented way.
In exceptionally justified cases, to support the international cooperation of culture and sports, the regional chamber - from the document verification charges applicable to non-chamber members and from the amount of the security deposit - at its own risk may provide a discount to theatre companies, museums, public collections and other cultural or sport-purpose public institutions according to the following:
- the maximum amount of discount that can be provided from the verification charges is the amount of discount for which chamber members are eligible,
- regarding the security deposit - on the basis of individual consideration - an exemption may be granted from depositing an identified part of the security deposit or it can be reduced, but it is compulsory to put down the security deposit amount specified as a minimum.
3.3. At MKIK’s request, the regional chambers provide statistical data by the required deadline, concerning their document verification activities.
3.4. In the course of issuing the ATA certificate, the regional chambers - in order to reduce the number of complaints to the minimum - proceed with the appropriate care and observe the international and domestic regulations.
3.5. During the document verification activity, only the rubber stamps provided centrally by MKIK and the forms distributed by MKIK Szolgáltató Kht. may be used.
3.6. The regional chambers make available to MKIK all the information and documents which are necessary for manifesting requirements to be submitted on the basis of the obligatory re-insurance contract and for exercising MKIK’s control rights.
3.7. The regional chambers must cover pro rata with the ATA certificates issued the following: the payment obligations and other costs arising in relation to the issuing of the ATA certificate, the commission to be paid to ICC World Chambers Federation (WCF), and the reinsurance fee due to the insurance company. The payment of these costs by the regional chambers - on the basis of an invoice issued by MKIK - is due within 30 days after WCF’s and the reinsurance company’s invoice has been paid by MKIK.
3.8. MKIK receives a 2% distribution fee for the domestic and international coordination, for the full administration of the international ATA complaints and their financial coverage, as well as for the bank charges and the related rate of exchange loss (as detailed in points 4.1- 4.10 of these Statutes), and the projection basis for this fee is the document verification income of the regional chambers. The payment is carried out by the completing of the chart in Annex 2 on the basis of a return from the regional chambers, annually in two instalments in a way that the returns about the first half of the year are received up to 15 July of the subject year and that of the second half of the year up to 15 January of the year following the subject year.
3.9. In the case of a complaint about an ATA certificate issued in Hungary, the issuing chamber is obliged to notify the holder of the certificate about the arising of a customs payment obligation, and it must obtain from the holder of the certificate the specified certificates. If the matter is closed with a customs payment obligation, the regional chamber collects from the certificate holder the amount identified by the foreign chamber, and it must remit to this to MKIK 15 days prior to the payment deadline, and MKIK will pass this on without delay to the chamber which has submitted the complaint.
3.10. If the issuing regional chamber is unable to collect the customs amount payable from the holder of the certificate (due to the winding up of the debtor company or due to other obstacles), the payment obligation is to be met by the issuing chamber - as an aval - pursuant to the ATA Convention.
3.11. If the regional chamber does not meet its payment obligation in time to MKIK, it shall be obliged to pay to MKIK a default interest of the current legal amount, for the period of delay and for the delayed debt.
In the case of a payment delay longer than one year, the MKIK Board may suspend the document verification activities of the involved regional chamber conducted on the basis of the distribution of tasks in line with point 2 - until the debt is settled, by a written and justified resolution. Against this resolution, the involved regional chamber may resort to legal remedy, according to para. 36, clauses 1 and 2 of the Chamber Act.
4. MKIK’s tasks and obligations in the course of its document verification activities:
4.1. The trade (professional) conditions of a document verification which is unified in the whole country are determined by MKIK which manifests this on the basis of international specifications and the domestic statutory provisions.
In the course of the international and domestic coordination of document verification activities, MKIK takes into consideration the interests of regional chambers when it contacts the international organisations, when handling the ATA complaints, with the Hungarian authorities and in the discussions carried out with the Hungarian Chamber of Agriculture.
4.2. MKIK makes sure on an ongoing basis that the trade (set of requirements, training and vocational training, control) conditions of document verification are met and maintained. The appropriate professional standard is provided by regular and ad hoc consultations, periodical vocational training and information courses and general as well as target oriented controls.
4.3. MKIK assists and contributes to quickly and professionally resolving and settling the problems occurring in the course of the document verification activities of regional chambers and in the course of using the already issued documents. In this framework, it is continuously in touch with the Hungarian and foreign customs offices as well as other organisations and authorities, in addition to foreign chambers and the ICC WCF.
Ø It continuously participates in the meetings of the relevant working group of the WCF and informs without delay the regional chambers about the resolutions approved there.
Ø Provides assistance in the course of using the ATA certificates issued in Hungary by the regional chambers and other documents issued in the course of document verification, for clarifying any problems arising abroad. It represents the issuing foreign chambers and businessmen before Hungarian customs authorities if a problem arises in accepting the documents used by them.
Ø In order to reduce the risk of ATA issuances, MKIK registers and makes available to the regional chambers the list of those ATA holders against which the chambers could not manifest their rightful accounting and payment obligations, and for this data base the regional chambers provide information on data sheets regularly used for this purpose.
4.4. MKIK provides free of charge to the regional chambers the rubber stamps necessary for tackling this task, which rubber stamps are uniform nation-wide and which correspond to the conventions and statutory provisions. The rubber stamps used in the course of document verification - in order to ensure identification and review - are of 35 mm diameter and feature the internationally introduced and accepted so-called ‘globe logo’, indicating the name of the chamber. Having the rubber stamps produced falls into the exclusive scope of MKIK. The forms to be used in document verification - which forms are also uniform on the basis of international statutory provisions and conventions - are distributed by MKIK Szolgáltató Kht.
4.5. MKIK makes sure on an ongoing basis that the specimens of chamber forms necessary for document verification are sent to the international organisations - in line with international regulations.
4.6. To meet the international conditions of document verification, MKIK sends a so-called specimen list (a list including the data of Hungarian document verification sites) to all embassies or trade representations operating in Hungary as well as to the Ministry of Foreign Affairs.
4.7. MKIK concludes with the insurance company the reinsurance which is rediscussed every year concerning the conditions. Meeting the conditions identified in the insurance policy is obligatory for all chambers. In the case of a payment obligation arising within the responsibility of the aval - after receiving the specified documents from the regional chamber - MKIK makes sure with all possible means that the customs amount paid is refunded by the insurance company to the chamber which acts on behalf of the holder of the certificate.
4.8. MKIK carries out the verification of commercial contracts. The issuing of force majeure certificates as a type of activity assuming a legal practice which is uniform nation-wide also falls into the scope of MKIK.
The verification fees identified in the Enclosure and received against these activities are due to MKIK.
4.9. In accordance with the international ATA convention - in the case of a complaint - MKIK looks after the whole range of clarifying the ATA Carnets issued by all the countries which signed the Convention with the Hungarian customs offices, and registers financially the payment obligation arising.
4.10. In the case of a complaint from abroad about the ATA certificates issued by the regional chambers
Ø it contacts foreign chambers,
Ø MKIK is obliged to inform the regional chamber not less than 45 days before the deadline of a customs payment obligation to a foreign country - by identifying the amount,
Ø as a primary guarantee obligation, it covers the customs payment obligations resulting from a complaint about the documents issued by the regional chambers,
Ø MKIK - through its main bank - keeps in touch with the foreign banks and makes sure that the amounts featuring in the complaints are remitted,
Ø using all possible means, MKIK proceeds with the foreign chamber to avoid customs payment obligation or to have a refund on the already paid customs amounts,
Ø MKIK contributes or proceeds abroad in order to handle the equity-based requests of regional chambers successfully, provided that upon request the involved regional chamber within the specified deadline makes available the appropriate certificates, documents and other specified accessories (if necessary resources) and the request for an equity-based approach seems to be well founded - in view of the governing domestic and international customs and other regulations as well as the whole procedure of the regional chamber.
The regional chambers and MKIK are obliged to observe the stipulations of these document verification regulations. They tackle their tasks with an independent trade and financial responsibility, manifesting the stipulations of statutory provisions and this code.
MKIK has the right to check the observing of stipulations identified in the document verification code. In case an irregularity is revealed, MKIK has the right to warn the regional chamber which has proceeded irregularly. In a repeated or outstanding case, the MKIK Board may suspend with a written resolution the document verification activities of the involved regional chamber. In this resolution, the specific duration and reasons of this suspension must be identified. The involved regional chamber may resort to legal remedy against this resolution pursuant to para. 36, clauses (1), (2) of the Chamber Act.
Appendix
Marking of the ATA certificate:
Country code - code of the issuing chamber - sequence number - year of the ATA certificate.
For example: H-1-0001/01 (in 2001, the ATA certificate first issued in Bács-Kiskun county)
County/City: Code
Bács-Kiskun 01
Békés 02
Borsod-Abaúj-Zemplén 03
Budapest 04
Csongrád 05
Fejér 06
Győr-Moson-Sopron 07
Hajdú-Bihar 08
Heves 09
Jász-Nagykun-Szolnok 10
Komárom-Esztergom 11
Nógrád 12
Pécs- Baranya 13
Pest 14
Somogy 15
Szabolcs-Szatmár-Bereg 16
Tolna 17
Vas 18
Veszprém 19
Zala 20
Dunaújváros 21
Nagykanizsa 22
Sopron 23
The symbol of the country (H) is pre-printed on the form, the other parts of the marking and numbering is on the rubber stamp; the characters and digits are of 6mm height.
Having the rubber stamps produced falls into the exclusive scope of MKIK.
Enclosure
DOCUMENT VERIFICATION CHARGES (applicable as of 1 May 2004)
Description of the documents |
Charges to the members (including VATA) |
Charges to non-members (including VAT) |
|
1 set of certificate of origin |
6,000 HUF |
13,000 HUF |
|
1 set of commercial invoices |
6,000 HUF |
13,000 HUF |
|
Signature verification for each copy |
6,000 HUF |
13,000 HUF |
|
Verification of various commercial documents for each copy |
6,000 HUF |
13,000 HUF |
|
Verification of any further copies beyond the commercial specifications of the receiving country |
2,400 HUF |
5,200 HUF |
|
Verifications performed by MKIK |
6,000 HUF |
13,000 HUF |
|
Issuing of a force majeure certificate |
12,000 HUF |
26,000 HUF |
ATA CARNET VERIFICATION CHARGES (applicable as of 8 February 2002)
Commodity value |
Charges to members (including VAT) |
Charges to non-members (including VAT) |
|
up to 100,000 HUF |
3,000,HUF |
4,500,HUF |
|
up to 200,000 HUF |
6,000,HUF |
9,000,HUF |
|
up to 400,000 HUF |
12,000,HUF |
18,000,HUF |
|
up to 600,000 HUF |
15,000,HUF |
22,500,HUF |
|
up to 1 000,000 HUF |
22,500,HUF |
33,000,HUF |
|
Above 1 million HUF, any fractional remainder is rounded up to one million entailing this cost: |
3,000,HUF |
4,500,HUF |
|
Up to three times travel, for each trip over the basic fee |
3,000,HUF |
4,500,HUF |
The security deposits identified in an obligatory reinsurance contract with Hungária Biztosító insurance company are the following:
SECURITY DEPOSITS (applicable as of 25 April 2002)
|
Amount of security deposit |
|
chamber member |
non-chamber member |
|
5% of the net commodity value but minimum 15,000 HUF |
10% of the net commodity value but minimum 15,000 HUF |
FORM CHARGES (applicable as of 1 May 2004)
Description of form |
Charges (including VAT) |
|
Certificate of origin (normal) set |
200 HUF |
|
ATA Carnet including cover and back sheet |
400 HUF |
|
ATA Carnet sheet |
125 HUF |
|
Customs invoices |
100 HUF |
|
Certificate of origin copy |
100 HUF |
Enclosure 2
DATA SHEET
about the net distribution price revenues of regional chambers stemming from certificate verification
Period: ……………………………….
value in HUF (less VAT)
|
Chamber name |
ATA Carnet verification charges revenues |
Certificates of origin (Original, Form A) issue charges |
Other document verification charges revenues |
Total charges revenues |
|
|
|
|
|
|
Date: ……………………….., …………..year………………………….month……….day
Name and telephone number of person responsible for completing the form:
[1] Amended by the MKIK XVII conference of delegates on 28 April 2004.
[2] Amended by the MKIK XIX conference of delegates on 18 May 2005
[3] Amended by the MKIK XVII conference of delegates on 28 April 2004
[4] Amended by the MKIK XVII conference of delegates on 28 April 2004
[5] Amended by the MKIK conferences of delegates: XVII on 28 April 2004 and XIX on 18 May 2005
[6] Supplemented with indents 8, 15-18 by the MKIK XVII conference of delegates on 28 April 2004
[7] Point 23 was amended and indents 1, 6-12, 21 and 22 were added by the MKIK conferences of delegates: XVII on 28 April 2004 and XIX on 18 May 2005
[8] Amended by the MKIK XIX conference of delegates on 18 May 2005
[9] Amended by the MKIK XVII conference of delegates on 28 April 2004
[10] Enacted by the MKIK XIV conference of delegates on 25 April 2002
[11] Repealed by the MKIK conference of delegates on 28 April 2004
[12] Enacted by the MKIK conference of delegates on 25 April 2002
[13] Enacted by the MKIK conference of delegates on 25 April 2002
[14] Amended by the MKIK XIX conference of delegates on 18 May 2005
[15] Added by the MKIK XVII conference of delegates on 28 April 2004
[16] Amended by the MKIK XIX conference of delegates on 18 May 2005
[17] Amended by the MKIK XVII conference of delegates on 28 April 2004
[18] Repealed by the MKIK XVII conference of delegates on 28 April 2004
[19] Amended by the MKIK conferences of delegates: XVII on 28 April 2004 and XIX on 18 May 2005
[20] Amended by the MKIK XIX conference of delegates on 18 May 2005
[21] The MKIK conferences of delegates (XVII on 28 April 2004 and XIX on 18 May 2005) amended sub-clause j) of para. 59, and added sub-clauses k) and l).
[22] Amended by the MKIK XIX conference of delegates on 18 May 2005
[23] Amended by the MKIK conferences of delegates: XVII on 28 April 2004 and XIX on 18 May 2005
[24] Amended by the MKIK conference of delegates on 18 May 2005
[25] Amended by the MKIK XIX conference of delegates on 18 May 2005
[26] Amended by the MKIK conferences of delegates: XVII on 28 April 2004 and XIX on 18 May 2005
[27] Amended by the MKIK XIX conference of delegates on 18 May 2005
[28] Repealed by the MKI XIX conference of delegates on 18 May 2005
[29] Point 74/a) has been repealed by the MKIK XIX conference of delegates on 18 May 2005
[30] Amended by the MKIK XVII conference of delegates on 28 April 2004
[31] Repealed by the MKI XIX conference of delegates on 18 May 2005
[32] Repealed by the MKI XIX conference of delegates on 18 May 2005
[33] Amended by the MKIK XIX conference of delegates on 18 May 2005
[34] Enacted by the MKIK XVII conference of delegates on 28 April 2002
[35] Amended by the MKIK XVII conference of delegates on 28 April 2004
[36] Amended by the MKIK XIX conference of delegates on 18 May 2005
[37] Enacted by the MKIK XVII conference of delegates on 28 April 2004
[38] Amended by the MKIK XVII conference of delegates on 28 April 2004
[39] Amended by the MKIK XVII conference of delegates on 28 April 2004
[40] Amended by the MKIK XVII conference of delegates on 28 April 2004
[41] Amended by the MKIK XVII conference of delegates on 28 April 2004
[42] Amended by the MKIK conferences of delegates: XVII on 28 April 2004 and XIX on 18 May 2005
[43] Repealed by the MKIK XVII conference of delegates on 28 April 2004
[44] Repealed by the MKIK XVII conference of delegates on 28 April 2004
[45] Enacted by the MKIK XVII conference of delegates on 28 April 2004
[46] Amended by the MKIK XVII conference of delegates on 28 April 2004
[47] Amended by the MKIK XVII conference of delegates on 28 April 2004
[48] Repealed by the MKIK XVII conference of delegates on 28 April 2004
[49] Amended by the MKIK XVII conference of delegates on 28 April 2004
[50] Amended by the MKIK XVII conference of delegates on 28 April 2004
[51] Amended by the MKIK XVII conference of delegates on 28 April 2004
[52] Amended by the MKIK XVII conference of delegates on 28 April 2004
[53] Repealed by the MKIK XVII conference of delegates on 28 April 2004
[54] Amended by the MKIK XVII conference of delegates on 28 April 2004
[55] The Election Code has been enacted by the MKIK XVII conference of delegates on 28 April 2004
