Die Beglaubigung durch einen Rechtsanwalt ist auch im Ausland möglich

This situation typically arises, for example, when you are inheriting property in Hungary or wish to handle a real estate matter there.

Below, we provide an overview of the options available to you.

I. When Is a Public Deed or Attorney Certification Required?

In some cases, legislation expressly requires a specific form, while in others it may simply be advisable or more advantageous for a document to be certified by an attorney.

Hungarian law requires the involvement of a notary public or attorney in, among others:

• Company registration proceedings;
• Real estate registration proceedings.

Typical examples where the involvement of an attorney or notary cannot be avoided include:

• Company articles of association;
• Amendments to company constitutive documents;
• Signature specimens;
• Representation before the company court;
• Real estate sale and purchase agreements;
• Representation before the land registry office.

In many other situations, attorney certification is also advisable, particularly where Hungarian law requires a document with full evidentiary value as a private instrument.

The most common examples are:

• Powers of attorney for court proceedings;
• Powers of attorney authorising relatives to act on one’s behalf;
• Powers of attorney in inheritance matters for conducting probate proceedings.

II. What Can You Do as a Hungarian Living Abroad if Attorney Certification Is Required?

Traditionally, individuals either:

• Used a foreign notary (for example, a German notary); or
• Travelled to Hungary to visit a Hungarian attorney.

Compared to these options, our firm offers a faster and more cost-effective solution.

1. Using a Foreign Notary and Its Disadvantages

Using a foreign notary often involves several unnecessary costs.

Foreign notaries generally authenticate documents only in languages they understand. Since Hungarian is usually not among those languages, the document is typically drafted in a foreign language.

To enable such a document to qualify as a public deed in Hungary, it must usually be provided with an Apostille certificate.

An Apostille is a form of authentication issued by a designated authority in countries that are parties to the Apostille Convention. These include most European countries, most former Soviet states, India, Australia, and almost all countries in the Americas. In Germany, the Apostille is typically issued by the president of the competent regional court (Landgericht). Its purpose is to confirm that the issuing authority, such as a German notary, was duly authorised to prepare the public document.

As many Hungarian authorities still do not accept documents in a foreign language, an official translation is also required. In Hungary, certified translations are traditionally provided by OFFI (the Hungarian Office for Translation and Attestation Ltd.), whose prices are often considerable.

As a result, you may end up paying:

• Higher foreign notarial fees;
• Court or administrative fees for the Apostille;
• Significant translation costs.

2. Using a Hungarian Attorney in Hungary

To avoid these costs, you may of course engage a Hungarian attorney directly.

However, this often requires travelling several thousand kilometres and sacrificing at least one, and frequently two or three, working days.

When all costs and time commitments are taken into account, this solution is not necessarily more economical either.

3. Using Our Firm and the Advantages

Thanks to our Hungarian legal qualifications, we can prepare in Germany any document intended for use in Hungary that requires attorney certification. We can draft the document directly in Hungarian and provide the necessary certification in Germany.

The completed document will be accepted by all Hungarian courts and authorities. Depending on your preference, you may either:

• Use the document yourself; or
• Instruct us to represent you before courts, notaries, land registry offices, or other authorities.

In the vast majority of cases, we work entirely electronically. This allows documents and information to reach the intended recipient in Hungary within seconds.

If you need to use a foreign-language document in Hungary, such as:

• A German birth certificate;
• Marriage certificate; or
• Death certificate,

you are also welcome to contact us.

By making use of international conventions on the recognition of public documents and our network of partners, we can often arrange certified translations at a fraction of the cost charged by OFFI and with significantly shorter turnaround times, while still ensuring acceptance by all Hungarian courts and authorities.

Upon request, we can also obtain electronically certified translations. In certain cases, this may eliminate the need to submit original paper documents to Hungarian authorities altogether.

Should you have any further questions, please do not hesitate to contact us.