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Register Company in Austria

Updated on Monday 03rd December 2018

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The Trade Register is the authority in charge of the registration of companies in Austria. Its main role is to receive the documents related to company formation in Austria and issue the certificates of registration for all businesses operating in this country. 

With a vast experience in company registration, our local consultants offer tailored services to those interested in setting up a business in AustriaBelow, our Austrian company formation agents explain how the Trade Register in this country works.

The Austrian Trade Register

The Austrian Trade Register is actually known as the Austrian Commercial Register. The institution deals with company registration in Austria, as well as the supervision of the legal matters regarding the companies in Austria. Information about companies in Austria is kept in a database available at commercial courts and regional courts and it is protected by the Federal Computing Centre. Details on private foundations and cooperatives are also registered with the Austrian Trade Register in order to meet the provisions of the Austrian legislation. The Trade Register in Austria falls under the regulations of the Ministry of Justice and it has the role to establish communication links between entrepreneurs and law, as well as with the public.

Information which can be found with the Austrian Companies Registrar

The Companies Registry in Austria gathers and keeps the following information on local companies and the branches and subsidiaries of local and foreign companies operating here. Among the information kept is:

  • -          the legal addresses of companies;
  • -          information about the shareholders;
  • -          information about the company directors;
  • -          information about the financial statuses of companies;
  • -          information about the insolvency or bankruptcy statuses of companies.

The Trade Register also keeps records on companies which have been registered with it and which have undergone bankruptcy or ceased to exist because of various reasons.

The Companies Register in Austria recognizes all the types of companies comprised in the Company Law. These are the sole proprietorship, the limited liability company, the joint stock company, and the partnership. Apart from these, branch offices, subsidiaries and liaison offices of foreign companies must also register with the Trade Register upon opening. The same information as in the case of local companies must be submitted by foreign companies operating in Austria.

Foundations and partnerships registered under the Civil Law must also submit information about their existence with the Trade Register. Also, joint ventures and franchises must also be registered with the Registrar.

Our company formation consultants in Austria can offer full information on the role of the Trade Register.

How can a company be registered with the Trade Register in Austria?

Company registration in Austria can be done in two different ways. One can go in person to one of the Commercial Register’s offices in Austria and file an application. It is also possible that the company registration is performed online, by downloading and completing an application form, together with the scanned copies of the requested documents via e-mail. After company registration in Austria is completed with the Trade Register, it is also necessary to register for tax purposes in Austria.

Types of companies in Austria

The Commercial Law in Austria provides for the following types of companies which can be registered with the Companies Registrar:

  • - the sole proprietorship, which is the simplest form of doing business in Austria;
  • - the private limited liability company, simply known as the GmbH, which is the most popular business form in this country;
  • - the public limited company, or the joint stock company, which is employed for large operations;
  • - the branch, representative office and the subsidiary which are used by foreign companies doing business in Austria.

Our local consultants can explain the characteristics of each type of company.

Company formation costs in Austria

Foreign investors who want to open companies in Austria must bear in mind the following costs:

 Procedure  Charge
 Notary fees   Up to 2,000 EUR
 Obtaining a confirmation for the company registration   Free of charge
 Depositing the share capital   Free of charge
 Registering with the local court   Approx. 30 EUR
 Tax registration   Free of charge
 Registering with the Trade Authority   Free of charge
 Registering for taxation purposes   Free of charge
 Registering with the municipality   Free of charge

     Accessing the Austrian Trade Register

Anyone can have access to the database of the Commercial Register in Austria. It is necessary to submit an inquiry and one of the six providers will answer. They also deal with the collection of court fees. Searching the database can be simplified by using some filters, such as the company name, the legal form, the registered address, the name of shareholders or managers. On the basis of the searching process, information on the company is provided regarding the whole background and history. An excerpt of the company’s documents can be offered on request via e-mail or in print. This can be done at any office of the Commercial Register in Austria.

Information requested by the Austrian Trade Register for company registration

In order to register a company with the Companies House in Austria, one must submit the following information:

  • -          the company’s trade name which must be reserved online;
  • -          the personal information of the business owners and directors;
  • -          information about the company’s share capital and the division of shares;
  • -          the registered address of the company, as well as other secondary addresses;
  • -          the date at which the company is registered with the Trade Register;
  • -          the date at which the company ceases to exist, if it is pre-established;
  • -          information about any business license if it was obtained prior to the registration.

This information must be contained in the Articles of Association of the company. Also, the application forms issued by the Registrar must be filled in and submitted. The company is required to set up a bank account and information about will be required.

The directors must have their specimen signatures prepared and submitted with the Companies Registry. Their nominations must be accompanied by a declaration of appointment which must be signed by the shareholders and notarized by a public notary.

Once the company is registered, it will have the obligations of submitting annual financial information.

It should also be noted that any change brought to the company must be announced with the Commercial Register. Among these changes, the alterations brought to the company’s management structure and share capital must be registered with the Registry. Also, Austrian companies can change their trade names, a procedure which must be completed with the same Register.

If you are interested in registering a company, you can grant a power of attorney to a proxy. Our specialists in company formation in Austria can complete this procedure on behalf of foreign investors.

Requesting information with the Trade Register in Austria

Every individual and company is allowed to ask for information with the Companies Register by submitting a request. The information will be issued free of charge unless the search is specific and targets the financial documents of the company.

Most of the times, this information is requested when performing company due diligence procedures, however, it is best to ask for specialized services in order to reduce the waiting period before the information is released. Our Austrian company formation advisors can perform Commercial Register checks on behalf of clients interested in obtaining information about a local company.

Company checks are performed in case of mergers and acquisitions when creating joint ventures and before entering any other type of commercial activity with a local business.

We strongly recommend foreign investors who want to open a business or carry out company searches in Austria to ask for specialized services. We can help with the registration of new companies, and we can also help in amending any changes brought to existing companies.

For details about company formation and registration in Austria, you may contact our local specialists.

 

Meet us in Vienna

Call us now at (+44)203-287 0408 to set up an appointment with our lawyers in Vienna, Austria. Alternatively you can incorporate your company without traveling to Austria.

As a Bridgewest 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
Enescu&Cuc; Law Firm
www.romanianlawoffice.com

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