Business in Austria.
There are several reasons why Austria is one of the most attractive countries for business immigration. Perhaps the most important of them can be called a stable economic and political situation, a high level of development of international trade. Therefore, if you decided to organize your own business in Europe, and your choice fell on Austria – you certainly have all the initial conditions for a successful business.
Business in Austria. (Organizational and legal forms)
According to the Austrian law, there are the following organizational and legal forms:
inzelunternehmer – a private entrepreneur; Offene Handelsgesellschaft (OHG) – a partnership with unlimited liability; Offene Erwerbsgesellschaft (OEG) – a partnership with unlimited liability; Kommanditgesellschaft (KG) – Limited Liability Partnership Kommanditerwerbsgesellschaft (KEG) – Limited Liability Partnership Gesellschaft mit beschrankter Haftung (GmbH) – Closed Joint Stock Company with Limited Liability; Aktiengesellschaft (AG) is an open joint stock company; Zweigniederlassungen & # 8212; branch of a foreign company.
Societas Europaea (SE) – European company.
Let us dwell in more detail on three of them: the private / individual entrepreneur (inzelunternehmer), the joint-stock company (AG & # 8212; AktienGesellschaft) and the limited liability company (GmbH – Gesellschaft mit beschrenkter Haftung), since they are most often used for the organization of foreign business.
So, a private / individual entrepreneur (inzelunternehmer):
In the event that a person is not an EU citizen, a residence permit is required for registration, and in Austria, a person who is solely entitled to work full-time can apply for a private entrepreneur. Until 2012, all students had this right, at the moment the students need to receive a separate permit in magitrita. Students who have already discovered an emergency situation under the previous legislation and successfully managed it for more than six months have the right to apply for residence permits for the purpose of doing business.
The private entrepreneur (Einzelunternehmer) has unlimited liability and is fully responsible for the debts and obligations of his business.
To engage in individual entrepreneurial activities in Austria in a number of specialties, you need either to have a special qualification certificate established by the Austrian Ministry of Economics for each activity, or to test your knowledge and qualification individually, for example by confirming a diploma in Austria.
-The size of the authorized capital must be at least 50,000 euros. All capital must be signed by shareholders, and half must be paid at the time of registration by a cash contribution.
-The shareholders are limited in responsibility for the debts and liabilities of the enterprise within its share in the authorized capital.
-Actors are free to transfer their shares to third parties without proper notarization.
-The management of the company can be carried out by one director (Gesch? Ftsf? Hrer) and the Board of Directors. Only individuals (residents or non-residents of Germany) are entitled to be directors. One of the directors must be a resident of the European Union;
shareholders have the right to appoint and dismiss directors at any time, and also impose any restrictions on their rights;
-The size of the authorized capital must be at least 35,000 euros to be signed by the shareholders. Half of the capital must be paid at the time of registration by a cash contribution.
& # 8212; Shareholders are limited in responsibility within their share in the authorized capital of the firm.
& # 8212; Management of the company can be carried out by both the sole director and the board of directors.
-The organization has the right to any legal activity, except for banking, political, insurance, and trade union;
& # 8212; The company must have a legal address in Austria (at the time of registration it is allowed to use the address of the office of a lawyer or a notary), and also to have a really functioning office where the Austrian authorities can send information, regulations and other documents.
After you determine the scope of your activity and the organizational and legal form of the future organization, you must provide all the necessary documents, and register a future firm.
Process of company registration in Austria.
So, the whole process takes about 2-3 weeks. After signing the Charter of the company (the signing must take place in the presence of a notary), the company must be registered in the Commercial Register (Firmenbuch). Then the announcement of registration is published in the official newspaper. For entering into the register, the following information about the company should be provided:
Name. The address of the registered office (must be in Austria). The purpose of the company. Volume of authorized share capital. Date of signing the Charter. Names of members of the management board.
Conditions of company registration in Austria.
The registrar must be Austrian or the citizenship of one European Union country. As an exception, there is an opportunity for citizens of other countries, but for this it is necessary to obtain equalization of rights with the Austrians (Gleichstellung). Absence of other reasons for refusal (for example, judicial or financial prosecution, bankruptcy).
In the event that the type of activity you have chosen is subject to licensing, you must issue a permit.
Institutions of Austria, issuing licenses:
1. For types of activities requiring an agency permit:
in Vienna: Department of Magistrate 63 (MA 63) Governor of the Federal Land (Landeshauptmann)
2. For all other activities:
in Vienna: the district department of the magistrate (Magistratische Bezirksamt) in the remaining towns: a magistrate in the villages: the district administration (Bezirkshauptmannschaft)
In order to stimulate the opening of new companies in the Austrian market, new amendments to the law on business licenses were adopted, which greatly facilitate the opening of their own business.
Also, the advantage is that when the company opens the state provides for relief in the taxation of the wage fund within 12 calendar months from the date of the company’s foundation. True, this relaxation is only effective if an individual starts a completely new business in Austria, and does not transfer the already existing business.
Residence permit in Austria.
In the event that the founder of the company is not a citizen of the EU countries, then to carry out business in the territory of Austria, he will need to issue a residence permit and work permit.
List of documents required for obtaining a residence permit:
Passport, with the expiry date of which expires not earlier than 3 months after the expiration date of the visa;
All-citizens (internal) passport + photocopy of all completed pages;
Questionnaire; Medical insurance; Certificate from the place of work (indicating the position, length of service and salary); Documents confirming your financial status: an extract from your bank account, a certificate of currency exchange, traveler’s checks; Documents confirming the place of your stay; Documents confirming the purpose of your trip.
We indicated a common list of documents. Depending on your situation, you may need another supplementary document.
Business in Austria. Our services.
Fortunately, at present the opening and organization of one’s own business in Europe is far from a frequent occurrence. But at the same time, do not forget that this solution is almost always associated with a lot of nuances and details: from the initial assessment of the market to the correct execution of documents. We offer to trust professionals with many years of experience. The employees of our company live and work in the country and have access to the latest information. We provide a full package of services from the initial consultation to the registration of the firm by key. If you decided to open your business in Austria, we will save your time and money, making your relocation as comfortable as possible.
Business in Austria.