Best Venture Capital Lawyers in Herzogenburg

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Rechtsanwalt Mag. Hans-Peter Pflügl
Herzogenburg, Austria

Founded in 1995
9 people in their team
English
Mag. Hans-Peter Pflügl operates a client oriented law practice in Herzogenburg, Austria. Since 1995 he has run his own firm, initially in Horn and since 2001 in Herzogenburg, earning a reputation for practical and precise legal guidance. The firm serves individuals and businesses with expertise...
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About Venture Capital Law in Herzogenburg, Austria

Venture capital law in Austria governs how venture capital funds are formed, managed and invested in start-ups and growth companies. In Herzogenburg, as in the rest of Lower Austria and Austria, there are no separate municipal VC laws; the framework is national and EU oriented. The key statutes and regulator requirements shape how funds raise capital, structure investments and exit portfolio companies.

Austrian venture capital regulation focuses on fund management, investor protections, and corporate governance of portfolio companies. The Financial Market Authority (FMA) supervises funds and fund managers, while civil and corporate law guides how investments are negotiated and deployed. Understanding these rules helps local founders in Herzogenburg align with fund expectations and regulatory requirements.

The Austrian framework implements EU rules for investment funds and managers through InvFG and AIFMG, aligning Austrian practice with EU standards.

Source: FMA and Austrian legal portals provide ongoing guidance on InvFG and AIFMG compliance. For formal texts, see the Austrian Legal Information System and FMA resources: FMA and RIS - Rechtsinformationssystem des Bundes.

Why You May Need a Lawyer

Hiring a lawyer is advisable in several concrete scenarios common to Herzogenburg and the surrounding Lower Austria region. These examples illustrate practical legal needs beyond general business advice.

  • Starting a venture capital fund in Austria requires regulatory licensing and compliance under InvFG and potentially AIFMG, along with fund documentation and investor disclosures.
  • Negotiating a term sheet for a Herzogenburg startup seeking Series A funding involves equity splits, liquidation preferences, anti-dilution provisions and board rights.
  • Structuring a portfolio company to be VC-friendly, including shareholder agreements, anti-poaching clauses, and employee stock option plans under Austrian corporate law.
  • Planning cross-border investments or exits with EU partners, including tax considerations, repatriation of profits and local Austrian company law requirements.
  • Managing regulatory compliance for a fund manager or portfolio company after an investment, including ongoing reporting and audit obligations.
  • Negotiating government funding or subsidies, such as aws Gründerfonds programs that support start-ups in Austria and require specific documentation and compliance.

Local Laws Overview

  • Investmentfondsgesetz (InvFG) 2011 - Governs the marketing and management of investment funds in Austria, including certain venture capital funds. The InvFG sets investor disclosure, fund governance, and distribution rules, with amendments to align with EU directives.

    Key note: InvFG interacts with EU guidance on funds and is implemented through the Austrian regulator and the Austrian legal system. For the current text and amendments, see the RIS portal: RIS - Investmentfondsgesetz.

  • Alternative Investment Fund Managers Act (AIFMG) - Implements the EU AIFMD in Austria, regulating managers of alternative funds and requiring licensing, risk management, and investor protections. This regime affects venture capital fund managers operating in Austria.

    For regulatory updates and enforcement, the Austrian FMA provides guidance: FMA.

  • Unternehmensgesetzbuch (UGB) / GmbH-Gesetz (GmbHG) / Aktiengesetz (AktG) - These corporate statutes govern the formation, governance and dispute resolution for companies in which venture funds invest. They determine permissible shareholder structures, voting rights, and governance frameworks for portfolio entities.

    Practical implications include drafting shareholder agreements and board arrangements that comply with Austrian corporate law. See RIS for consolidated texts of these acts: RIS - Austrian Corporate Law.

Frequently Asked Questions

What is Venture Capital Law in Austria?

Venture Capital Law in Austria governs how funds are formed, marketed, and managed, and how they invest in start-ups. It combines InvFG and AIFMG requirements with corporate law rules for portfolio companies. Legal counsel helps ensure compliance and clear, enforceable agreements.

How do I start a venture capital fund in Austria?

Begin with a solid business plan and identify whether you will be a fund manager or invest as a fund. You will need licensing under InvFG or AIFMG, a detailed prospectus, governance documents, and investor disclosures. Engage a lawyer early to prepare the fund documentation and regulatory filings.

What is the difference between InvFG and AIFMG?

InvFG covers investment funds including some venture vehicles and their marketing. AIFMG regulates fund managers operating alternative investment funds and requires licensing and governance standards. Both shapes how funds raise money and operate in Austria.

Do I need Austrian counsel for cross-border VC investment?

Yes. Cross-border deals implicate Austrian corporate law, fund regulation, and tax considerations. A local lawyer helps structure deals to meet Austrian and EU requirements and coordinates with foreign counsel.

How long does fund formation take in Austria?

Formation typically ranges from 6 to 14 weeks, depending on licensing, document completeness, and regulatory review. Complex funds with multiple investors may take longer. A lawyer can timeline milestones and coordinate with authorities.

How much does a venture capital lawyer cost in Austria?

Costs vary by matter complexity, but expect hourly rates from €180 to €350 for associates and €350 to €650 for partners. Flat-fee arrangements are common for specific tasks such as term sheet drafting. Ask for a written engagement letter with a budget cap.

Can a Herzogenburg startup access aws Gründerfonds?

Yes, Austrian start-ups can apply to aws Gründerfonds or related AWS programs for funding. These programs typically require business plans, financial projections and demonstration of growth potential. A lawyer can help prepare the application and governance terms.

What is a term sheet and what terms are common in Austria?

A term sheet outlines economic and control terms before a binding agreement. Common Austrian terms include valuation, equity split, liquidation preference, anti-dilution, and board representation. A lawyer ensures terms are clear and enforceable.

Do I need to register a fund in Austria?

Most traditional venture funds will fall under InvFG or AIFMG regimes, requiring regulatory notification or licensing. Depending on fund structure, you may need to register with the FMA and comply with reporting duties. A lawyer can map your exact obligations.

How long does a VC investment deal take to close in Austria?

Closing a VC investment typically takes 4 to 12 weeks after term sheets, depending on diligence, financing conditions and regulatory approvals. A structured timeline helps manage expectations and maintain momentum.

What is the role of the FMA in venture capital deals?

The FMA supervises fund managers and investment funds to ensure compliance with Austrian law and EU directives. It handles licensing, reporting, and enforcement actions if rules are breached. Cooperation with the FMA is essential for regulatory clearance.

Is there a difference between venture capital and private equity in Austria?

Venture capital typically targets early-stage companies with higher growth potential, while private equity often invests in more mature businesses. Both operate under Austrian corporate and fund rules, but risk profiles and deal structures differ.

Additional Resources

  • Financial Market Authority (FMA) - Supervises financial markets, including investment funds and managers under InvFG and AIFMG. Official information and guidance on licensing and compliance are provided here.

    Website: FMA

  • Austrian Wirtschaftsservice (AWS) - Supports startups with funding programs, grants, and venture initiatives, including aws Gründerfonds. Useful for early-stage finance support and eligibility criteria.

    Website: AWS

  • RIS - Rechtsinformationssystem des Bundes - Official Austrian legal information system hosting statutes such as InvFG and UGB, with current text and amendments.

    Website: RIS

Next Steps

  1. Define your objective and fund strategy, including target investments and geographic scope in Austria and specifically Lower Austria.
  2. Consult a venture capital lawyer with Austrian experience in InvFG, AIFMG and corporate law to map licensing, governance and documentation needs.
  3. Prepare a detailed due diligence plan for prospective portfolio companies and outline key term sheet components.
  4. Draft initial fund documents including articles, subscription agreements, risk disclosures, and investor rights with local counsel.
  5. Engage with the FMA early if you plan to operate an Austrian fund or manage investors, and obtain any required approvals.
  6. Coordinate with AWS and other funding programs to align grant or subsidy opportunities with your fund strategy.
  7. Set up ongoing governance, reporting, and compliance processes for portfolio companies to maintain regulatory readiness.

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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.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.