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Company Formation in Austria

Entity Type: GmbH (Limited Liability Company)


Name Details

Does the name of the company require approval by the Registry or other authorities?

No, however the company will not be registered if the name is not in line with the Austrian law. In case of doubt, a survey of the Austrian Chamber of Commerce can be assigned.

Some parts of the name like Austria, international, etc. require prior approval.

How many prospective names will you require?

One.

Are there any restrictions or limitations on words that can be used in company names?

The legal form of the company has to be part of the name (e.g. GesmbH or G.m.b.H for limited liability company).

In principle there are no restrictions whatsoever, but the name shall not be misleading or absurd etc.

Can you reserve a name with the Registry once you have checked that it is available?

No.

Address Details

Does the company need to provide a registered address?

Yes.

Are there any limitations on the registered address (i.e. must be in-country, must not be a PO box)

Has to be in Austria.

If the client has no physical location incountry, can they use your address for the purposes of registration?

Yes (subject to fees).

Officer Details

How many Directors are required?

One.

Are any other officers required (i.e. Secretary)?

No.

What personal details will you need for each officer?

Director: name, date of birth, address, notarized copy of passport

Is there a requirement for any in country resident directors?

No, but in case of difficulties with delivery of post etc, the court may appoint upon application of an affected party an interim director.
There may be a requirement in order to hold a business license, but not under corporate law.

Do you need proof of address or Identity for officers? If YES, in what format?

Yes, notarized copy of passport (legalized translation).

Shareholders Details

How many shareholders are required?

One.

Are there any restrictions on who can be a shareholder?

No.

What information will you require about shareholder?

Individual: Name, Date of birth (if applicable)
Legal Entity: Address, registration details, extract from commercial register

Will you require proof of address or ID from the shareholders?

Notarized passport copies of directors (legalized translations)

Share Capital

Will the company need to specify a maximum number of shares that can be issued?

No.

Is there a minimum number of shares that must be issued?

One.

Is any stamp duty paid on the issued share capital? If YES, at what rate is this calculated.

No.

Other Details

Do you require any further information about the company or its officers? If YES, please specify.

Persons having proxy (Prokurists)
Share Capital/amount paid in
Accounting reference date
Representation authority (single or joint)
Information about supervisory board (if it shall be appointed)

Procedure

  • Signing of Articles of Association in form of a notarial deed
  • Resolution re: first managing director(s) (can be done within the Articles of Association)
  • Payment of the contributions which have to be paid in cash
  • All directors have to file an application for registration with the commercial register.

Timescale

How long will it take to complete incorporation?

Time for incorporation varies from registry to registry. It is generally between 2-4 weeks.

Is there any way to expedite the incorporation for an extra fee?

No.


Latest version updated 2nd May 2018

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