Learn about the important changes that may impact the scope of registration for your company with our comprehensive guide.
Once a company has been set up, there are many situations in the life of a business where it may be necessary to register changes to company details. These changes can be, for example, a change in the name, address or principal activity of the company, or an increase or decrease in the subscribed capital or even the cancellation of the company.
The business register contains the date of the change in the company data. The change of data may differ in terms of when it takes effect (from when it is effective) and when it is actually registered by the court. In the absence of an indication of the date of the change or in the case of contradictory information, the date of the change in the business register is normally the date of the underlying decision.However, there is one exception: the company cannot determine the date of the reduction of the share capital in advance, the date of the change being the date of registration with the court.
The company may, with certain exceptions, specify the date of the change in advance in the application for registration of the change. However, this may not be earlier than the date of the decision giving rise to the change. In a typical case, this would be the planned date of registration of the transformation.
A frequent source of uncertainty for company directors is whether the new data (e.g. new company name, registered office) can be used in the company's affairs after the decision on the change of company data has been taken, but before it is registered. At that time, the new information is not yet included in the business register as part of the registered data, but can be found in the business database only by means of the remark "under registration".
In connection with the data registered retroactively to the date of the amending, company ownership resolution, Dr. György Zalavári, lawyer, recommends that both the old and the new data be entered in the official documents during this transitional period.
If you have any legal questions regarding company law, please contact the author of this article, Dr. György Zalavári, lawyer.