As opposed to the previous practice, the act only defines private issuance. It
means that when the issuance of a security does not comply with the conditions
for private issuance, the rules of public issuance shall apply. Today, public
issuance can be organised as early as on foundation, it is not necessary for a
company to operate for several years prior to this. The private issuance of debt
securities is tied to a nominal value of five thousand euros which is higher than
previously. The limitation for the public issuance of debt securities in excess
of the issuer’s equity capital is removed by the act; this aims to enforce guarantee
rules primarily by requiring credit rating procedures, ensuring publicity and
making the scope of power of the Supervisory Authority more efficient.
Mandatory listing has been omitted from the CMA, i.e. regardless of the extent
of the public issuance, the initiation of listing is no longer a requirement.
Effective from 1 January 2003, as a result of the legal harmonisation with EU
directives, only those securities can be listed on the stock exchange which have
the relevant licence from the Hungarian Financial Supervisory Authority (the Supervisory
Authority). The intention for listing must be indicated in the brochure. The conditions
for obtaining the licence are in practice the same as in the case of a public
offering, thus no any extra burden is implied for the issuers. The stock exchange
is entitled to make a decision on the actual listing based on its own regulations.