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New business formation in Austria is governed by federal law applied nationwide, including Braunau am Inn in Upper Austria. The common forms include Einzelunternehmen (sole proprietor), OG (offene Gesellschaft), KG (kommanditgesellschaft) and GmbH (gesellschaft mit beschränkter haftung). Local authorities in Braunau am Inn handle Gewerbeanmeldungen and inspections for registered businesses.
Formation typically requires choosing a legal form, preparing a constitution or articles, arranging capital where required, and registering with the Firmenbuch (company register). A notary is often involved in GmbH formations to certify the articles and sign the incorporation documents. Local trade authorities and the tax office coordinate licenses, registrations and ongoing compliance.
Austria uses a centralized legal framework, so changes to corporate law, tax rules and trade licensing affect all districts, including Braunau am Inn. Consulting a local lawyer or solicitor who focuses on New Business Formation helps ensure correct filings and timely compliance with all steps. For detailed statutory text, consult the official legal information portals cited below.
“The company registration and formation framework in Austria requires careful coordination of notarial acts, filings in the Firmenbuch, and compliance with the Gewerbeordnung.”
Source: RIS - Austrian legal information, Justiz Portal
Forming a GmbH in Braunau am Inn involves not only corporate law but also local administrative steps. A lawyer can coordinate between the notary, the Firmenbuch, and the Bezirksverwaltungsbehörde efficiently. This reduces the risk of costly delays or defects in the formation documents.
Scenario 1: You plan a two-founder GmbH and need to draft the articles of association and shareholders' agreement. A lawyer ensures compliant language, clear ownership, and robust dispute resolution provisions. This saves time when preparing notarizations and filings.
Scenario 2: You intend to transfer a business asset into a new entity as part of a restructuring. An attorney can structure the transaction to meet tax and liability requirements and ensure the transfer is properly registered in the Firmenbuch. This avoids future disputes with partners or tax authorities.
Scenario 3: You operate across the German-Austrian border and want to service customers in Germany. A lawyer can advise on cross-border VAT, employment law for German staff, and local licensing requirements. This minimizes the risk of non-compliance with two tax regimes.
Scenario 4: You need a Gewerbeanmeldung for a specialized trade in Braunau am Inn. A legal professional can determine whether your trade requires a specific Gewerbeberechtigung and can prepare the necessary documentation for the Bezirkshauptmannschaft. This prevents delays from missing permits.
Scenario 5: You anticipate shareholder disputes or need a detailed shareholder agreement for a family-owned business. A lawyer can draft a binding agreement, set up a governance structure, and outline exit provisions. This reduces litigation risk as the company grows.
Scenario 6: You want to ensure ongoing compliance after formation, including annual accounts, tax filings, and reporting requirements. A legal counsel can set up a compliance calendar and supervise regulatory deadlines. This supports smooth long-term operation in Braunau am Inn and beyond.
Key statutes govern new business formation in Austria, with the most relevant for Braunau am Inn being Gewerbeordnung, Firmenbuchgesetz and the GmbH law. These laws create the framework for licensing, company registration, and corporate structure. Always check the latest amendments on the official portals listed below.
Since 2020, Austria has pursued digitization of company filings and online access to corporate records. The Firmenbuch online system enables electronic submissions and inquiries, with official guidance available from the Justiz portal. For exact provisions, consult the RIS and Justiz portals cited below.
In Braunau am Inn, the Bezirksverwaltungsbehörde (Bezirkshauptmannschaft) and local magistrates handle Gewerbeanmeldungen and licensing. You may be required to present documentation such as proof of capital, identity documents, and business plans. The official processes and requirements are described in detail on government portals.
“Entries in the Firmenbuch are the public record of companies and are required for the legal validity of many business activities.”
Source: Justiz Portal, RIS - Austrian legal information
A GmbH is a limited liability company in Austria. It is suitable for businesses with multiple shareholders and the need to limit personal liability. It requires a minimum capital and involvement of a notary for formation.
Begin by selecting a legal form, draft the governing documents, obtain any required permits, and open a corporate bank account. Then file these documents with the Firmenbuch through the local notary and authorities.
The minimum share capital for a GmbH is 35 000 euros, with at least 17 500 euros paid in at formation. Capital can be contributed in cash or in kind, depending on the contribution agreement.
Formation usually takes 2 to 6 weeks, depending on document readiness and the time needed for notarial certification and Firmenbuch entry. Delays can occur if documents are incomplete.
Lawyers are not strictly required, but they help prepare compliant articles, review employment agreements, and manage filings. A local lawyer familiar with Braunau am Inn processes can prevent common errors.
Costs include notary fees, court and register charges, and possible legal fees. Typical notary costs for a standard GmbH start in the low thousands of euros, plus Firmenbuch and tax-related costs.
Yes, cross-border ownership and management are common, but you must comply with Austrian corporate law and cross-border tax rules. A lawyer can guide you on residency requirements and filings.
Common documents include identification, residential addresses, articles of association, proof of capital payment, and notarized signatures of shareholders and directors. Specific banks or authorities may require additional items.
OG is a general partnership with unlimited liability for partners. KG is a limited partnership with both general and limited partners. GmbH is a separate legal entity with limited liability for shareholders, requiring capital and formal formation.
Generally a formal business plan is not required for basic formation, but certain trades or licenses may require a business plan or project details. A lawyer can advise on the exact requirements for your trade.
Cross-border VAT rules apply when selling to Germany or other EU countries. You may need to register for VAT in Austria and potentially in other jurisdictions, depending on turnover and goods/services offered. Consult a tax professional and a lawyer for precise steps.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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