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Articles

Company Registration in Austria

Updated on Tuesday 05th July 2022

Austria attracts foreign investors from all over the world and among the most sought investment industries are: banking, trading and information technology. The legislation also favors the opening of new companies and foreign investors can benefit from a transparent and flexible company registration process with the help of our company formation specialists in Austria. 
 
 Quick Facts  
  Types of companies

Sole proprietorship

 General partnership

Limited partnership

Private limited liability company

Public company

Minimum share capital for LTD Company 

EUR35,000 - half must be paid upon registration

Minimum number of shareholders for Limited Company 

 1
Time frame for the incorporation (approx.) 

5 weeks

Corporate tax rate

25% 

Dividend tax rate 

27,5%

VAT rate 

20%, a reduced rate of 10% also applies to certain goods

Number of double taxation treaties (approx.) 92
Do you supply a registered address?   Yes 
Local director required   No 
Annual meeting required  Yes
Redomiciliation permitted  Redomicilation of EU and EEA companies is permitted
Electronic signature  Yes
Is accounting/annual return required?  Yes 
Foreign-ownership allowed  Yes 
Any tax exemptions available?  25% reduced rate on dividend income for Austrian companies
Tax incentives

- Minimum share capital for startups is set at 10,000 euros.

- Foreign tax credits are also available.

- Research and development incentives.

 
 
For those who want to start a business in Austria, our local company formation agents have prepared all the information necessary for them to get started.

Types of companies in Austria

 
The Company Act is the main law which provides for the establishment of a business in Austria. The first step for company formation in Austria is to choose a legal entity from the ones mentioned below:
 
  • - the sole proprietorship or sole trader which is the simplest form of starting a business in Austria;
  • - the limited liability company which can be private or public and is the most employed type of company;
  • - the partnership which is suitable for those who want to create small and medium-sized businesses;
  • - the subsidiary, branch and representative offices which are business forms available for foreign companies interested in entering the Austrian market.
Our company formation agents in Austria can offer information on the legislation applicable when starting a business in this country.
 

The sole trader in Austria

 
The sole trader is the simplest form of doing business in Austria and it can be established by natural persons only. There are no share capital requirements for those who want to set up this business form, however, they will need to register their trade name with the Companies Register in Austria and obtain certain licenses with the authorities.
 
If you want to open a company in Austria, our local advisors can help you choose a business form that suits your activities.
 

The limited liability company in Austria

 
The limited liability company in Austria can take two forms:
 
  • - the private company, shortly known as the GmbH, which must be formed by at least one shareholder who cannot trade the company’s shares on the stock exchange and which requires a minimum share capital of 35,000 euros;
  • - the public company, shortly known as the AG, which also requires at least one shareholder and a minimum share capital of 70,000 euros; compared to the GmbH, the AG can trade its shares on the stock exchange.
The company registration process for both types of companies follow the same steps.
 

Partnerships in Austria

 
There are four types of partnerships which can be registered by foreign investors interested in company formation in Austria. These are:
 
  • - the general partnership;
  • - the limited partnership;
  • - the dormant partnership;
  • - the civil law partnership.
No matter the type of partnership investors want to set up, at least two founding members are necessary. Also, there are no share capital requirements for this business form.
 
The company formation procedure in Austria is quite fast no matter the type of legal entity you want to register.
 

Setting up a branch office in Austria

 
The branch office is one of the options foreign companies can use to create a presence on the Austrian market. The Austrian company will totally depend on the parent company, which means that all the decisions related to the management of the branch will be taken by the head office. The Austrian branch will complete the activities of the parent company for which it must obtain the necessary licenses and permits.
 
Among the advantages of the branch office in Austria, we remind the following:
 
  • -  it can be established rapidly with the Austrian Trade Register;
  • -  the parent company will be liable for the local branch office’ obligations;
  • -  the requirements for setting up such an establishment are minimum;
  • -  the foreign company is allowed to open a corporate bank account in Austria;
  • -  the branch office in Austria can be completely owned by the foreign company.
Our company registration representatives in Austria can help with the registration of a branch office.
 

Opening a subsidiary in Austria

 
Another business form available for foreign companies is the subsidiary. Compared to the branch office, the subsidiary is an independent entity, usually registered under the form of a limited liability company. As such, it can take its own decisions and will be treated as a local company in the Austrian market.
 
The Austrian subsidiary offers similar advantages as the branch office.
 
If you want to open a company in Austria and operate it as a subsidiary, you can use the limited liability company as a local structure.
 
We invite you to watch a short video about company formation in Austria:
 
 
 

Documents for starting a company in Austria

 
Foreign and local investors must provide the following set of documents for company formation in Austria:
 
  • - passports or IDs which must be notarized, depending on the shareholders’ nationality;
  • - the company’s statutory documents which are represented by the Memorandum and Articles of Association;
  • - a lease contract which proves the local address the company will have in Austria;
  • - information about the company’s managers or directors, such as the passport or ID copies;
  • - information about the share contribution of each shareholder.
The business owners must also open a bank account where the initial capital will be deposited.
 
The documents mentioned above must be filed with the Trade Register in order to obtain the company’s Certificate of Incorporation. Then, the company must register for tax and VAT purposes. You can rely on us for guidance in preparing the necessary paperwork if you want to start a business in Austria.
 

Company formation timeline in Austria

 
Foreign investors seeking to open companies in Austria are usually interested in knowing how much the process takes. Our Austrian company formation consultants have prepared a timeline which estimates the time to consider for each procedure.
 
This timeline implies:
 
  1. the business name reservation takes a few hours and can be completed online;
  2. the drafting and notarization of the company’s statutory documents can take up to 2 days;
  3. the processing of the documents by the Trade Register can take approximately 6 days;
  4. the opening of the corporate bank account can take up to one day;
  5. obtaining the clearance from the Economic Chamber will take one day;
  6. the registration with the tax authorities can take up to two weeks;
  7. the application for the business license takes less than one day.
Our agents also mention that Austria is one of the friendliest countries in Europe when it comes to opening a company from scratch. Also, one of the lengthiest procedures – that of creating the bank account – takes a short time to complete in Austria.
 

FAQ related to company incorporation in Austria

 
Our company formation advisors in Austria have also answered a few of the most usual questions asked by our clients:
 
  1. Is it easy to register a company in Austria?
Yes, it is quite easy to open a company in Austria, as the company registration process is completed in a matter of days.
  1. Do I need to be present when the registration takes place?
Your presence is not necessary when opening a company in Austria if you grant us the power of attorney to represent you.
  1. Does my company need a local address in Austria?
Yes, the company must have a local address in an Austrian city. We can assist with virtual office services for this purpose.
  1. How much is the corporate tax in Austria?
The standard corporate tax rate in Austria is 25%.
 
If you have other questions or simply need company formation services in Austria, please feel free to contact us.
 
 
For more details about how you can open a company in Austria or in other European countries such as Serbia, you may contact our specialists in company formation. If you are interested in other jurisdictions, we can put you in touch with our foreign partners, such as LawOfficeMalaysia.com. 
 
 

 

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Call us now at (+43) 720 3037351 to set up an appointment with our company formation specialist in Austria - Dietmar Erwin Ruttensteiner. Alternatively you can incorporate your company without traveling to Austria.

As a Ruttensteiner Business Consulting client, you will benefit from the joint expertize of local lawyers and international consultants. Together we will be able to offer you the specialized help you require for your business start-up in Austria.

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The team from CompanyFormationAustria.com is very qualified and benefits from extensive expertise in this area. I would definitely recommend them to any entrepreneur decided to start his own business here.

Mihai Cuc, Partner of
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www.romanianlawoffice.com

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