World Watch/Austria/Starting a Business

Starting a Business · Austria

Starting a business in Austria: foreigner's guide (2026)

ModerateAustrian Limited Liability Company Act (GmbH-Gesetz) and Flexible Company Act (FlexKapGG, in force since 1 Jan 2024); Trade Act (Gewerbeordnung) for trade licensing; Commercial Register (Firmenbuch) administered by the regional courts; foreign non-EU/EEA/Swiss investors additionally subject to the Investment Control Act (Investitionskontrollgesetz, InvKG). Competent business portal: Unternehmensserviceportal (USP).Country index 90 · A+

Austria shaded by its starting a business status

Austria permits 100% foreign ownership of companies with no local-shareholder or local-director residency requirement, and since 1 January 2024 the minimum share capital for a GmbH (and the new FlexCo) was cut to EUR 10,000, of which EUR 5,000 must be paid in cash at incorporation. Formation is structured and digitally supported but still involves a notarised deed of incorporation, Commercial Register (Firmenbuch) entry, and—for most activities—a separate trade licence (Gewerbeberechtigung), typically taking one to two weeks. Non-EU/EEA/Swiss investors may additionally face foreign-investment screening in sensitive sectors, adding several months.

Key points

Full foreign ownership allowed

Austrian law permits 100% foreign ownership of a GmbH or FlexCo with no requirement for a local shareholder; managing directors may be non-Austrian and non-resident.

Reduced minimum capital

Since 1 January 2024 the minimum share capital for a GmbH is EUR 10,000 (down from EUR 35,000), of which at least EUR 5,000 must be paid in as a cash deposit; the new FlexCo shares the same EUR 10,000 floor.

Setup steps

Core steps: choose a name and legal form, draft and notarise the articles/declaration of establishment (which also appoints management), open an Austrian bank account and deposit capital, register in the Firmenbuch via the court, then obtain a tax number and VAT ID (UID) from the tax office.

Trade licence required

Most business activities require a trade licence (Gewerbeberechtigung) before operations begin; legal entities must appoint a trade-law manager (gewerberechtlicher Geschäftsführer) holding the requisite certificate of qualification for regulated trades.

Typical timeline

Firmenbuch registration generally takes about one to two weeks once documents are complete; deficiency notices from the court can add further weeks. The notarised deed and bank-account/capital steps are the main scheduling constraints.

Foreign-investment screening (non-EU)

Under the Investment Control Act (InvKG, in force July 2020), investments by non-EU/EEA/Swiss persons into Austrian undertakings in sensitive sectors require approval from the Ministry of Labour and Economy; clearance can take roughly 2.5–5 months depending on phase.

Timeline - major decisions & events

Jan 1, 2024lawofficial
FlexCo (Flexible Company) created and GmbH minimum capital cut to €10,000

The Corporate Law Amendment Act 2023 (GesRÄG 2023, BGBl I 179/2023) introduced a startup-friendly new corporate form, the Flexible Kapitalgesellschaft (FlexCo/FlexKapG), and permanently reduced the ordinary GmbH minimum share capital from €35,000 to €10,000, abolishing the old foundation-privilege regime. It is the most significant modernization of Austrian business-formation law in over a century.

RIS (Austrian Federal Law Gazette)
Dec 30, 2023lawofficial
GesRÄG 2023 published in the Federal Law Gazette

The Gesellschaftsrechts-Änderungsgesetz 2023, containing the new FlexKapGG and the GmbH amendments, was promulgated in the Bundesgesetzblatt, completing the legislative process after parliamentary passage. Publication fixed the framework that governs new company formation today.

Parlament Österreich
Aug 1, 2021lawofficial
EU Digitalisation Directive transposition deadline

Directive (EU) 2019/1151 on digital tools and processes in company law required member states, including Austria, to enable fully online formation of limited liability companies without physical presence before an authority. It locked in cross-border, online-first incorporation as an EU-wide standard.

EUR-Lex (EU)
Jan 1, 2019law
Electronic Notarial Form Foundation Act (ENG) enters into force

The Elektronische Notariatsform-Gründungsgesetz enabled founding a GmbH by electronic notarial deed via video conference, with founders signing using their qualified mobile electronic signatures. Austrian notaries began offering the fully digital GmbH formation from autumn 2019.

Schoenherr
Jan 1, 2018lawofficial
Simplified electronic founding for single-shareholder GmbH

From 1 January 2018, a one-person GmbH founded by a natural person who is the sole shareholder and managing director could be set up in a simplified electronic procedure via the Business Service Portal (USP), without a notarial deed or certification. It marked the first low-cost digital route into incorporation.

USP (Unternehmensserviceportal)
Mar 30, 2015guidanceofficial
GISA central business-licence register launched

The Austria-wide Gewerbeinformationssystem Austria (GISA) replaced 14 decentralized provincial trade registers, creating a single national online register for registering trades, location changes and managers. It standardized and digitized trade-licence procedures nationwide.

BMWET (Federal Ministry)
Mar 1, 2014law
GmbH 'light' abolished; foundation-privilege regime introduced

The Abgabenänderungsgesetz 2014 reversed the 2013 capital cut: the standard GmbH minimum capital returned to €35,000, but a 'Gründungsprivileg' allowed founders to start with €10,000 (€5,000 paid in cash) for up to ten years before topping up. The change responded to revenue concerns from the lower minimum tax.

Mondaq
Jul 1, 2013law
GmbH 'light' lowers minimum capital to €10,000

A first reform reduced the GmbH minimum share capital from €35,000 to €10,000 to lower barriers to company formation. The measure proved short-lived, being scaled back the following year, but it began the long debate over startup-friendly capital rules that culminated in the FlexCo.

TPA Steuerberatung
Jan 1, 1994lawofficial
Trade Code 1994 (Gewerbeordnung) recodifies business licensing

The Gewerbeordnung 1994 consolidated Austria's rules on which commercial activities require a trade licence and on the qualification and registration requirements to start a regulated business. It remains the core statute governing the practical right to operate a business.

RIS (Austrian Federal Law)

Austria - other topics

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