July 12, 2010, 5:45 pm
BridgeWest
There are various forms of business entities in Austria, and all of them must be registered with the Austrian Trade Register, in order to function. Setting up an Austrian company is fairly easy, mostly for the limited liability company, which is the most common company type in Austria, and the various types of partnerships.
Incorporation of Austrian Private Limited Liability Company (GmbH)
A limited liability company in Austria can be formed by one person having a minimum capital of € 35.000, half of which have to be deposited in a bank account, and the other half may be in any form. The private limited liability company represents the most common form of business entity used in Austria. Shareholders, as well as directors are not required to be nationals, and the minimum contribution for each shareholder should not be less than €7.000. Each shareholder is liable to the extent of his or her contribution. The company must be registered with the Trade Register.
Incorporation of Austrian Stock Corporation (AG)
Austrian Stock Corporations may be established by one or more persons who provide a minimum capital of €70.000. In order for a stock corporation to function, the company must be registered with the Trade Register, and a supervisory board consisting of at least three persons, must be appointed with notarized deeds. The company's capital is formed of the contributions of the shareholders. They don't have any liability. The company entity is a legal entity and it bears the responsibility of its debts and obligations.
Incorporation of Austrian Limited Partnership (KG)
The limited partnerships in Austria are governed by the Commercial Code, and can be established by two or more individuals, or corporations. The partnership is represented by its partners. At least one of the partners must be a general partner, which means he or she has more rights, as well as obligations, and is fully liable to the company's obligations, while at least one partner is a limited partner, who is liable to the extent of his or her contribution.
Incorporation of Open (General) Partnership (OG)
An Open General Partnership in Austria is formed by two ore more individuals, or legal entities, corporations etc. in which both members are general partners, and have full liability to the partnership's debts and obligations. Also the company must be entered in the Austrian Trade Register, and in order to do that, at least one partner must provide a proof of competence in the activity domain of the company.
Incorporation of Austrian Silent Partnership (stGes)
A silent partnership in Austria consists of partners united by an agreement who invest in a company. The proprietor bears full liability, and the silent partners are not involved in the operation of the company. Registering a silent partnership with the Austrian Trade Register is not necessary.
Incorporation of Civil Law Partnership (GesnbR)
This form of business is recommended to individuals, or corporations who wish to become partners of an agreement for a project, limited by a certain amount of time. Setting up a civil law partnership does not require complex administrative procedures, because it is not a legal entity in its own right.
Wien
BridgeWest provides company formation in Austria. Our assistance includes:
> drafting the Articles of Association (necessary for the company incorporation in Austria);
The Articles of Association of the Austr ...
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Wien
BridgeWest provides a wide range of legal services in Austria through our affiliated Austrian lawyers and Law Firms in Wien and other major cities in Austria. We are mainly specialized in the main aspects of Austrian Commercial Law, including Comp ... [More]