Austria - Start a Business or Company

ProcedureEdit

Step 1 :Obtain the confirmation from the Economic Chamber that the start-up company is really a new enterprise

A form (Neuf 1 or NeuF 3), which is available electronically on the homepage of the Austrian Ministry of Finance must be filled in and be confirmed by the Economic Chamber. The Neuf applies to the company formation and to the transfer of businesses.

Step 2 : Notarize the statutes/articles of association or the declaration of establishment

The articles of association (Gesellschaftsvertrag), which must be executed before a notary by notary deed (Notariatsakt), must include the following: name, seat, scope of activities, capital and initial contribution by each shareholder.

Step 3 : Deposit the minimum capital requirement in the bank

The confirmation fee depends on the bank, ranging from EUR 0 to about EUR 30.

Step 4 : Register a business or company at the local court (Handelsgericht) and publish an announcement of formation in the Wiener Zeitung

The application for registering an Austrian limited liability company (Gesellschaft mit beschrnkter Haftung, GmbH) must be accompanied by the following documents: declaration of establishment notarized; articles of association; a declaration (accompanied by a banker's confirmation) that the demanded amount of primary deposit, to be paid in cash, has been paid; evidence that the free disposability of the paid primary deposit by managing directors is not restricted by counterclaims; specimen signatures of the managing directors; and confirmation by the tax authorities that the capital transaction tax on the formation has been paid or is guaranteed.

Step 5 : Tax Office registration (obtain a VAT number)

The commercial register automatically informs tax authorities of the registration of new companies. In turn, tax authorities usually respond by requesting that the company file for tax registration.

Step 6 : Register trade (Gewerbeanmeldung) with the trade authority (Bezirksverwaltungsbehrde)

If permission is mandatory, completion of procedures takes longer, depending on the requirements and authorities involved (e. g., the production of hazardous goods requires proof of special qualifications of management and approval and control of the production site). Companies can register in person, by postal mail, or over the Internet.

Step 7 : Register employees for social security

Upon registering in the commercial register, companies with employees must apply for an employer's account number (Dienstgeberkontonummer) electronically via ELDA, the data transmission interface of the statutory health insurance office (Gebietskrankenkasse).

Step 8 : Register with the municipality

Municipalities levy community taxes on all businesses. In addition, particular activities (e.g., organizing a public event) may trigger municipal stamp duties or other minor duties and taxes (e.g., advertising fees "Werbeabgaben").

Required DocumentsEdit

Articles of association (in case of one-man foundation the declaration on the foundation of the company)
Notarized shareholders resolution on the appointment of the managing directors (shareholders may be appointed as managing directors already in the articles of association, but only for the duration of their shareholding)
Notarized specimen signature on behalf the company of the managing directors and any Prokuristen (persons holding a special commercial power of attorney)
To the extent provided for by law, corresponding governmental approvals (banking license )
Declaration on the calculation and payment of the company tax
The confirmation of an Austrian bank that the initial contributions have been paid in to the agreed amount in cash and that they are at the free disposal of the managing directors and are especially not limited by counterclaims.
Declaration of the managing directors on the payment of the initial contributions
Expert opinion of the local Economic Chamber on the admissibility of the wording of the company name (this is required in case of use of certain company name components)
Resolution of the shareholders in notarized form regarding the election of the supervisory board and resolution of the supervisory board regarding the election of a chairman and the deputy chairman (only be required if a supervisory board is established by law or optionally).

Office Locations & ContactsEdit

Austrian Business Agency
Federal Agency for Industrial Development and Commercial Advertising
A-1010 Vienna, Opernring 3
Tel: +43 (0)1 588 58 - 0
Fax: +43 (0)1 586 86 59
http://www.aba.gv.at

Economic Chamber of Austria
A-1040 Vienna, Wiedner Hauptstrae 63
Tel: +43 (0)1 501 05 - 0
Fax: +43 (0)1 501 05 250
http://portal.wko.at

Federal Chancellery
A-1010 Vienna, Ballhausplatz 2
Tel: +43 (0)1 531 15 - 0
Fax: +43 (0)1 531 15 - 4390
http://www.bka.gv.at

Federal Ministry for Economic Affairs and Labor
A-1010 Vienna, Stubenring 1
Tel: +43 (0)1 711 00 - 0
Fax: +43 (0)1 714 27 18
http://www.bmwa.gv.at

Federal Ministry for Foreign Affairs
A-1010 Vienna, Ballhausplatz 2
Tel: +43 (0)1 531 15 - 0
Fax: +43 (0)1 535 45 30
http://www.bmaa.gv.at

Federal Ministry for Social Security,
Generations and Consumer Protection
A-1010 Vienna, Stubenring 1
Tel: +43 (0)1 711 00 - 0
Fax: +43 (0)1 715 82 58
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EligibilityEdit

Austrian company Law provides for different types of companies, tailored to the specific needs in tax and liability. Basically, there are corporate and non-corporate legal forms.

Corporations

Company with limited liability (GmbH)
Stock corporation (AG)
Societas Europea (SE)

Non-corporate forms

General partnership (OG)
Limited partnership (KG)
Dormant partnership (stG)
Civil law partnership (GesbR)

FeesEdit

Explain the fees structure which is required for obtaining the certificate/document.

ValidityEdit

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to UseEdit

Business registration is now offered as a one-stop process by the Business Start-Up Service of the Austrian Federal Economic Chamber. In many cases this allows founders to register their businesses immediately after the start-up consultation, providing they have all the necessary documentation.

Electronic processing of business affairs Online government service (Deutsch)

Setting up a business online Sole proprietor business (Deutsch)

Establishing a Business in Austria

Starting a business in Austria

Sample DocumentsEdit

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Processing TimeEdit

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InstructionsEdit

Austrian company Law provides for different types of companies, tailored to the specific needs in tax and liability. Basically, there are corporate and non-corporate legal forms.

Corporations

Company with limited liability (GmbH)
Stock corporation (AG)
Societas Europea (SE)

Non-corporate forms

General partnership (OG)
Limited partnership (KG)
Dormant partnership (stG)
Civil law partnership (GesbR)

Required InformationEdit

Company name
Legal form
Registered office and the business address relevant for deliveries
A short description of the branch of business
Day of conclusion of the articles of association (in case of Einmann-GmbHs [one-man GmbH] of the declaration of foundation)
Name and date of birth of the managing director as well as start and type of their power of representation
Name and date of birth of the chairman, the deputies and the other supervisory board members (if required or optional)
The amount of the share capital and the resolutions in this respect
Balance sheet day for the annual accounts
Details of a business license already granted

Need for the DocumentEdit

Under the Trade Act of 1994, business is any independent, continuous activity carried on for profit. Excluded from this definition are the exploitation of natural resources, the artistic professions and specific other professions and business activities governed by special laws (e.g. banking).

Any Austrian citizen or foreign national may establish a business in Austria. As noted above, a business operated subject to the entrepreneurs full personal liability (i.e. without any further partners or shareholders) is referred to as a sole proprietorship.

As an alternative, there is the option of forming a partnership or company through which the business can be operated. To form a partnership entity or Personengesellschaft, at least two partners are required. By contrast, one individual is sufficient to establish an incorporated entity or Kapitalgesellschaft (GmbH, AG).

Starting up ones own business is an excellent choice for people who wish to work for themselves and who are prepared to put in above-average effort. New businesses give important impetus to the Austrian economy; they create new jobs and are a major engine for growth. Austria needs these innovative and creative entrepreneurs who dedicate their professional skills and qualifications to developing their own brands and to additionally generating growth, employment and structural effects. The BMWFW is highly interested in continuing to optimize the conditions for potential business starters and to offer them support, particularly in difficult economic times. The Ministrys business start-up service supports you in your first steps to become self-employed.

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