Rights and claims
Rights with an independent economic value and monetary claims could count alongside ownership. Substance, not merely the name of a right, would matter.
Based on the supplied draft. The rules described have not been verified as effective law; the final provisions may change.
Usufruct and other property rights
Section 22 would provide specific valuation for usufruct, use rights and other listed rights. Owner and holder values would need coordination to avoid double counting. Building rights would be measured at market value at the reference date.
Monetary claims and options
Section 21(6) would use outstanding principal for the monetary claims specified there, excluding amounts classified as uncollectible under accounting law. Section 23 would value options at the higher of the specified market value and intrinsic value.
What we review
The existence, duration, transferability and performance conditions of the right require clarification.
- legal basis, agreement, holder and obligor
- outstanding amounts, duration and security
- evidence supporting uncollectibility
- option exercise price and underlying asset
Frequently asked questions
Would usufruct count separately?
Section 22 provides separate valuation rules for usufruct and other listed rights. The owner and right holder would need to be assessed together.
Would every claim count at its full amount?
Section 21(6) would start from outstanding principal for the monetary claims specified there, excluding amounts uncollectible under accounting law.
Open draft (Hungarian)