Company registration in Austria. Sale of ready-made companies.

Austria is one of the most popular countries in Europe for business registration. It is a politically and economically stable country that offers tremendous opportunities. This country also attracts with its favorable tax policy and opens up access to the markets of many European countries.

Zigma offers its clients company registration services in Austria. Our company's specialists have extensive experience in this field. Zigma lawyers will advise you on any issues, help you choose the optimal form of registration and provide all necessary services. Zigma also offers its clients the sale of a ready-made business. You can purchase a company in Austria without waiting for the registration procedure to be completed. The purchase will allow you to start operating within 24 hours after the procedure begins.

What organizational and legal forms of companies exist in Austria?

Before opening a company in Austria, you need to decide on the legal form. The most popular options for foreigners are:

• GmbH.
• AG.

GmbH is an analogue of a limited liability company. This option is suitable for small or medium-sized businesses. Shareholders are not liable for the obligations of the organization beyond their own contributions. GmbH is a legal entity with its own legal personality. This means that such companies can acquire rights, assume obligations, file lawsuits in court, and also act as a defendant. To open such a company, at least one shareholder is required.

As for AG, this is an analogue of a joint-stock company. It is also a legal entity. The contributions of participants are shares. Shareholders do not bear personal liability. Unlike GmbH, a company in the legal form of ownership AG cannot have one founder. There must be at least 2 shareholders. AG will be the best choice for large businesses.

Features of registering a GmbH in Austria.

GmbH is the most popular option for opening companies by foreigners. Most non-residents are interested in registering or buying a company in Austria in this organizational and legal form. GmbH has less stringent requirements than AG, so it is easier to open it.

Founders and name.

A GmbH can be opened by one person or several founders. Individuals or legal entities can act as founders. Austria does not require its own residents to participate in the company. A person who does not reside or does not conduct business in this state can become a founder.

Each company must have a unique name. The name is checked through the register. In this case, the organizational and legal form must be indicated at the end of the name. If you register a GmbH, this abbreviation must be at the end of the name.

Authorized capital.

The minimum authorized capital for companies registered in Austria is at least 35,000 EUR. In this case, each participant must contribute a share of at least 7,000 EUR. Accordingly, if a company registered as a GmbH has 6 founders, the minimum authorized capital will be 42,000 EUR, if there are 7 founders - 49,000 EUR, etc. Authorized capital can be contributed in cash (through any of the banks in Austria) or in kind. However, at least half of the authorized capital must be contributed in cash.

Foreign companies can also take advantage of a preferential regime called Gründungs privilegierung. This allows you to open a company with an authorized capital of only 10,000 EUR. But at least half of this amount must be contributed immediately. In this case, the authorized capital can only be contributed in cash, contribution in kind is not possible. This preferential regime is granted for 10 years.

Staff requirements.

Companies registered in the form of ownership GmbH can operate provided that at least one managing director is appointed. He can be appointed both by a decision of the partners and by a court decision. The director manages the legal entity and also represents its interests in various bodies. If the company appoints several directors, decisions must be made jointly (unless otherwise provided for in the Articles of Association).

GmbH can also be managed by a supervisory board. The supervisory board is required to create companies that meet at least one of the following conditions:

• Authorized capital - from 70,000 EUR.
• Number of shareholders - 50 or more.
• Number of employees - 300 or more.

In addition, companies can create a supervisory board voluntarily. Such a board must consist of at least 3 shareholders and 2 employees. Only individuals can join the supervisory board. At the same time, members of the board cannot hold the position of managing director. The supervisory board performs the following functions:

• Control of the activities of the GmbH.
• Analysis of financial statements.
• Resolution of disputes between shareholders and directors.
• Approval of decisions of the managing directors on certain transactions.

Shareholders of the GmbH hold general meetings. To adopt a decision, a simple majority of votes is sufficient - 50% + 1 vote. The functions of the general meeting are as follows:

• Conducting an audit and approving the reporting.
• Approval of the investment report.
• Consideration of applications from the director or supervisory board.
• Concluding contracts for large investments.
• Appointment or dismissal of management personnel

The company's shareholders receive balance sheet profit and distribute it among themselves, in accordance with their shares in the authorized capital (unless otherwise provided for by the Articles of Association). All losses are incurred by the company, so there is no need for shareholders to make additional contributions.

How to register a company in Austria?

The procedure for opening a company in Austria depends on the organizational and legal form of the legal entity you choose. As for the GmbH, the procedure for opening it is regulated by the Austrian Law “On the Activities of Limited Liability Companies”. The procedure includes the following steps:

• Conclusion of a shareholders’ agreement. Before registration, it is necessary to approve the shareholders’ agreement, select a director, open a bank account and deposit the authorized capital.
• Entry into the trade register. To do this, you must submit an application to the court and attach a package of documents. After the application is considered and a positive decision is made, you will receive an extract from the trade register of enterprises.
• Notification from the district administration. It is necessary to provide an extract from the trade register, indicate the industrial codes (activity codes), provide information about the founders, as well as about the directors, information about trading activities.
• Notification from regulatory authorities. The relevant notifications must be submitted to the Tax Service, as well as to the Social Insurance Fund.

The list of documents for registering a legal entity is small. In order to register a company, you need a shareholders' agreement, information about the founders and directors, as well as confirmation of payment of the authorized capital and capital transfer tax.

Is it possible to buy a company in Austria?

Company registration is not the only way to obtain a legal entity. You can buy a ready-made company with an Austrian account. The current legislation of the country allows you to buy and sell a ready-made business. Buying a company has several important advantages compared to registration:

• Time saving. Buying a ready-made company in Austria allows you to obtain a legal entity as quickly as possible. The re-registration procedure will take no more than 24 hours.
• The ability to obtain a company with a history of activity. By registering a legal entity, you get a new company without a history. Having a history of activity increases the credibility of the organization.
• You can purchase a company in any form of ownership. This can be either GmbH or AG, and other options. The client can choose any necessary organizational and legal form.

When buying a company, it is important to choose a legal entity that carries out exactly the type of activity that you plan to engage in. The type of activity is indicated at the stage of notifying the district administration, the document prescribes an industrial code with a designation of certain types of activity. This aspect must be taken into account so that in the future you do not have to change the information in the registers.

Do you want to buy a company in Austria?

Zigma – legal assistance with business organization in Austria.

Zigma law firm offers clients services for registering legal entities and sells companies in Austria. Specialists have extensive experience in carrying out such procedures. Zigma offers turnkey registration services. Including in our firm you can order registration of a company in Austria with a nominee director, which will allow you to maintain confidentiality.

Zigma also has a large database of registered and ready-to-sell companies in Austria. You can purchase a company in any form of ownership. You can purchase a legal entity with or without a history of activity. The re-registration procedure takes a little more than 24 hours. If you have any questions, our company's specialists are ready to answer them. As part of the consultation, we will provide all the necessary information.