How can you establish a company in Austria quickly and easily?

• Creating a business plan: A well-founded business plan serves as a guide before and during the start-up phase. It helps to minimise risks and increase the chances of success.
• Define key data: Specify the company's registered office, the name of the limited company, the management and the field of business. This information is essential for further planning and registration.
• Seek legal advice: Contact your legal advisor to draw up the memorandum of association. This regulates the legal framework conditions of your limited liability company (GmbH).
• Open a business account: Contact an Austrian bank to prepare for opening a business account. This is required for the payment of the share capital.

• Draw up a memorandum of association:
  To establish a limited liability company (GmbH), you need a notarised memorandum of association (for single-member companies: a declaration of establishment). In this step, the management is also appointed.
• Determine share capital
  The minimum share capital required by law is €10,000. Of this amount, at least €5,000 must be contributed as a cash deposit.
• Transfer of cash deposit:
  You transfer the cash deposit from your already opened business account. .

• You fill out the application form and have it signed and notarised by the management.

Required documents
You will need the following documents for registration:

• Notarised memorandum of association
• Resolution on the appointment of the management (not applicable if already included in the memorandum of association)
• Certified specimen signature declaration of the management
• Proof of payment of the cash deposit, including a declaration from all managing directors
• The application is submitted directly to the competent commercial register court.

As a rule, you will need a trade licence to conduct business in Austria. A distinction is made between licensed, regulated and unregulated trades:

• Unregulated (free) trade:
  No professional qualifications required. The only requirements are a minimum age of 18 and a current criminal record extract.
• Regulated and licensed trades:
  In addition, proof of professional qualifications or relevant professional experience is required.
  
  If you do not have the necessary qualifications or a work permit in Austria, you can hire a managing director under trade law with the necessary qualifications (at least 20 hours per week).

Do you have questions about the trade licence for your business idea? INVEST in AUSTRIA will be happy to assist you – contact us now. 

• Apply for a tax number and VAT number
  As a limited liability company, you are liable for corporation tax and VAT. After registering with the Commercial Register, you (or your tax advisor) should apply for a tax number and a VAT identification number (UID) from the relevant tax office.
• Register employees
  If you employ staff, they must be registered with the relevant social insurance institution before their first day of work. This notification is usually handled by your tax advisor.
• Reporting to the Austrian National Bank (OeNB)
  Cross-border transactions – for example, in connection with direct investments – must be reported to the OeNB. This data is used to compile foreign trade statistics.

• The branch office is not an independent legal entity, but rather an economically independent, physically separate place of business belonging to the foreign company.
• It has its own organisation and management, but remains legally part of the parent company.
• The company name must include the name of the foreign company.
• The branch office must be registered in the Austrian Commercial Register.
• For companies based outside the EU/EEA, a "permanent representative" residing in Austria must be appointed.

• Submission of application to the competent commercial register court. 
• Commercial Register entry:
  • Certified and signed by the authorised representative of the foreign company's management
• The following documents must be submitted with the application. 
  • Current memorandum of association or articles of association of the foreign company
    → in certified copy and, if necessary, certified translation
  • Decision of the foreign company to establish the branch office
  • Proof of the legal existence of the foreign company
    → e.g. certified extract from the commercial register or trade register
  • Certified specimen signatures of all managing directors of the foreign company
    → if applicable, also of the domestic representative office
  • Proof of regular business activity in the country of origin
    →not required for companies based in the EU
  • Certificate confirming the actual establishment of the branch office
    → e.g. confirmation from the Chamber of Commerce or rental agreement

• A trade licence is generally required to conduct business activities in Austria.
• There are three types of trades:
  • Unregulated (free) trade
    • Requirements: Minimum age 18 years and criminal record extract
    • No professional qualifications necessary
  • Regulated trade
    • Require proof of qualifications or experience
  • Licensed trade
    • In addition to qualifications, official permits are required.

If you yourself do not meet the necessary requirements or do not have a work permit in Austria, you can hire a managing director under trade law with the necessary qualifications for at least 20 hours per week.

• Registration is done online via the Austrian Business Information System (GISA):
  www.gisa.gv.atwww.gisa.gv.at ()

Do you have questions about the trade licence for your branch office? INVEST in AUSTRIA will be happy to assist you – contact us now.

• An Austrian branch office requires a tax number. The profits of the branch office are taxed in Austria.
• Employment of staff
  Employees must be registered with the relevant social insurance institution before their first day of work.
  This registration is usually handled by your tax advisor.
• Reporting cross-border transactions
  • Direct investments and other cross-border transactions must be reported to the Austrian National Bank (OeNB). The report is used for foreign trade statistics.
  • All relevant information can be found on the OeNB website:
    www.oenb.atwww.oenb.at ()