Capital markets
Our expertise
Our Law Firm assists the establishment of investment service providers and investment fund managers, supports their daily operation, is engaged in the establishment, transformation and termination of different investment funds, in the legal support of cross border services and provides full legal representation to its clients in the related licensing and other procedures before the National Bank of Hungary.
Our legal services include extensive support for the business activities of participants active in capital markets, including in particular the development of new products, assistance in the preparation and review of business rules and other organizational documents.
Our law firm disposes on considerable expertise and experience in establishing public limited companies and supporting their daily operation.
As legal advisor and legal representative, we regularly participate in public and private issue of securities of different types, including the preparation of listing particulars and announcements required for public bids, the provision of legal assistance related to the admission to regulated market and to the registration on multilateral trading platform. We have comprehensive knowledge on customer portfolio transfer procedures and on the implementation of various capital market related business transactions, including public bids, procedures for acquisition in capital-market institutions, as well as other personal licensing procedures.
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Real Estate and Construction Law
Our expertise
Our real estate practice covers the legal tasks necessary for the successful completion and closing of a real property transaction, starting from the due diligence and followed by the preparation and negotiation of complex “share deal” or “asset deal” transactions, such as sales-purchase, planning, construction, building, rental or management agreements, as the case may be, and also including legal representation before the land registry and other authorities. The Kapolyi Law Firm combines the market-leading capital markets practice with an outstanding real estate expertise in a way that is currently unparalleled in the Hungarian real estate market, which shows its benefits and added value for our clients in tax planning and advising real estate funds.
We are proud to working with well-known domestic and foreign investors, real estate developers and real estate funds. Our lawyers provide legal services in transaction, development, daily operation, rental and administrative matters for all types of real estates. We had the benefit of representing our clients from both seller and buyer sides in several high-scale real estate transactions concerning larger offices and commercial properties, industrial properties or complete real estate portfolios with multiple real estate categories mainly taking place in the Budapest real estate market.
Our areas of experience include hotel development and EPC and other planning or construction agreements, including FIDIC contracts, where our legal team achieved special expertise in drafting and negotiating such arrangements. We are cooperating with the employer/developer closely not only in the transaction, but in handling the modification and guarantee claims, or issues arising out of insurance events. Our Firm also provides legal advice to both foreign and domestic private individuals and institutional investors regarding residential property acquisitions and projects with high value and volume. We have successfully represented our clients in real estate financing transactions in several cases, as well as during negotiations on restructuring credit and security agreements with credit institutions. Our working languages include Hungarian, English, German, French and Spanish.
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Banking & Finance, Banking Regulatory
Our expertise
Acting as counsel and representative we regularly provide creditor- as well as borrower-side advise on matters including real estate development, M&A, structured-, and project finance transactions. Besides the loan documentation we also construct the related collateral framework and carry on the registration process before the adequate public records/authorities. We have strong experience in LMA-based loan agreements and the related collateral documentation, both in the Hungarian and English languages. Multi-jurisdiction transactions we use to advise on one-stop-shop basis.
We also assist clients from the banking sector in their general business operations, including product developments, drafting and reviewing general business terms and conditions, various internal rules, by-laws, corporate documentation, etc. We also provide assistance on regulatory/compliance-related matters, such as PSD II, CRR, GDPR, ISDA, the EU harmonized Act on Credit Institutions and Financial Entrepreneurs, etc.
Our office has extensive knowledge and expertise in assisting the day-to-day operations of payment service providers (PISP, PAISP), including their licensing and other proceedings before the National Bank of Hungary (the Hungarian FSA). In real estate development matters our Firm also offers the drafting, negotiation and completion of the related financing documentation, relating to the underlying project.
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Corporate Law / M&A
Our expertise
Kapolyi Law Firm provides its clients with efficient and first-class services in virtually all areas of company and corporate law, from company formation to termination with or without succession. From the very first steps, we help our clients choose the most appropriate business form and company structure based on their planned activities and business plans. Whether we represent the buyer, the seller, or the management, we always provide legal advice tailored to our clients’ business needs in order to best represent their commercial and legal interests.
We have significant experience in all aspects of corporate law, securities and capital markets, corporate governance, compliance, restructuring, and related areas. In the area of corporate transactions, we have particular expertise in mergers and acquisitions, due diligence, corporate restructuring, and corporate reorganizations.
In addition to company procedures in specific regulated areas, we also act to obtain the necessary regulatory approvals, either for the officers or for the activities to be carried on. In close cooperation with the capital markets team, we are involved in the preparation and execution of initial public offerings.
We frequently act as advisers on major Hungarian and Hungarian-related international transactions and legal due diligence, including M&A, private equity, and equity fund transactions, often on behalf of leading (listed) companies and financial institutions.
We assist our clients in drafting and negotiating complex commercial agreements related to transactions and in resolving their contractual issues.
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Labour Law
Our expertise
We continuously provide legal advice to our clients on a wide range of labour law issues, such as on the preparation of employment contracts for high level, senior and middle management, as well as of general employment contracts, non-compete agreements, study contracts, internal labour regulations, collective agreements, works council agreements, we assist in the development of various advancement and incentive schemes, we advise on issues relating to posting, responsibility for temporary agency work, employment and inventory, as well as on the preparation of other internal regulations and instructions related to employment.
In addition, we efficiently participate in reconciliations and negotiations related to termination of employment as well as in the settlement of eventual labour disputes, whereby we provide both employer- and employee representation.
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Tax Law
Our expertise
Our tax law and tax advisory services aim to answer all our clients’ tax problems. Accordingly, we advise our clients on the tax aspects of their transactions and represent them in tax disputes before tax authorities and the courts.
We have extensive experience in transactional advisory matters, including commercial real estate transactions, M&A and corporate restructuring, securities offerings, and financing transactions. Our clients include both Hungarian and international financial institutions, investment funds and corporate groups.
In our transaction advisory services, we help to find the optimal structure of a transaction from a tax point of view, perform tax due diligence of the target to identify tax risks and advise on the proper treatment of tax-relevant elements of the transaction documentation.
We have considerable experience in tax litigation. In the past, we have successfully represented our clients in tax audits and tax litigation before the courts, reaching the cancellation of severe penalties imposed against our clients. As part of our ongoing advisory service, we advise our contracted clients on tax issues arising in connection with their day-to-day operations, including tax issues arising in connection with employees employed in Hungary by foreign employers. We also provide tax advice as part of our wealth planning service.
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Global Immigration & Mobility
Our expertise
The firm’s Global Immigration & Mobility Practice Group has adapted its practice and resources to meet the ever-increasing demands and opportunities, and to provide expertise in a full range of up-to-date services to all institutions, companies and businesses with expatriate staff, as well as to investors, digital nomads and private individuals, in regulatory, administrative, business planning and consultancy issues.
Kapolyi Law Firm provides comprehensive relocation and mobility assistance in all areas to our clients in cooperation with our external national and international experts. Our trusted partners and prepared colleagues are on hand to provide the highest standards of complex services.
Our firm assists, oversees and advises multinational companies on the mobilization of key personnel around the globe, including executive transfers and outsourcing, as well as the implementation and impact of global reorganizations.
In addition to assisting the corporate world, our highly experienced team advises, represents and strategizes with individuals on complex residency by investment, permits, visa, citizenship/nationality and other international mobility issues. Our focus is on developing global solutions that are locally compliant and provide a satisfactory solution to the emerging and changing needs of our clients. As a one-stop shop, we offer a complete range of services relating to all aspects of relocation and mobility, whether it be immigration, integration, property services, corporate, regulatory, capital markets or any other related matter.
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Trusts
Our expertise
Trusts are a relatively new legal institution in the Hungarian legal system, offering our clients a number of advantages from a legal, business and tax perspective. Trusts can be particularly advantageous as they can result in significant tax savings both in the transfer of company shares and in the management and operation of assets, while also providing unification and legal protection of personal or family assets. Trusts are also an effective solution for succession planning, as assets are transferred to pre-determined beneficiaries on pre-determined terms, avoiding the complexities of traditional succession.
The experts at Kapolyi Law Firm provide full professional support in all aspects of Trust administration. We assist our clients in creating the optimal structure for their assets, taking into account their specific needs and objectives. Our services also include advice on corporate structuring, also our experienced lawyers draft trust agreements, ensuring that they comply with all legal requirements and provide the most favourable terms and predictable wealth planning for our clients. We also arrange for the incorporation of trust companies and the registration of trusts in public registers.
As part of our service, our cooperating advisers provide detailed tax advice to help our clients maximize the tax benefits of trusts. We continue to work with our clients after the trusts have been established, providing ongoing legal support on any matters that arise during the life of the trusts.
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Law of Information Technology
Our expertise
In the field of Information Technology, we provide comprehensive legal services both for IT service providers and for companies sourcing IT services. We counsel complex system implementation and system integration projects, IT support services agreements, service level agreements, and proprietary license agreements whether they be end-user-license agreements or software license agreements for companies. We have extensive experience both in multiple-layer framework contracts with statements of work and single service agreements. We advise our domain owner clients in domain abuse cases and support them with the regulatory compliance of their websites.
We also advise IT policy compliance for companies filing for operating licenses in Hungary. Our expertise covers all aspects of IT-related intellectual property, including, among others, proprietary software copyrights.
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Data protection
Our expertise
In the context of data protection, Kapolyi Law Firm provides legal advice in complex data protection compliance and standardization projects for group companies. Furthermore, we assist our clients in the day-to-day improvement and updates of their data registries, privacy policies, privacy notices, legal interest assessments, data protection impact assessments, and their agreements and processes concerning personal data.
We advise them on how to optimize their internal organization and enable them to optimally observe regulatory requirements in the field of data protection.
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