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If you're looking to register a company in Austria, there are a few things you should know. Austria's Business Register, maintained by regional (commercial) courts, records and discloses facts about companies that must be registered according to the Business Register Statute from 1991 and the Enterprise Code from 2005. The register includes various business entities, from companies with limited liability to sole traders. To register, you'll need to provide information on your company's legal form, seat, capital, and legal representatives. Additionally, almost all registered companies in Austria are required to file publicly available annual financial statements, including a balance sheet and, depending on the company, a profit and loss account.
| Characteristics | Values |
|---|---|
| Number of active business entities | 200,000 |
| Types of active business entities | Companies with Limited Liability, General Partnerships, Limited Partnerships, Sole Traders, Stock Corporations, Commercial and Industrial Cooperatives |
| Core services | Register, examine and store company information |
| Types of company information | Legal form, seat, capital, legal representatives |
| Public access to company information | Yes |
| Annual financial statements | Mandatory for most companies |
| Languages available | 8 |
| Types of access | Easy (no registration), Account (registration required) |
| Quality | Awarded Austrian E-Commerce quality label |
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What You'll Learn
Access the Austrian Business Register
The Austrian Business Register is a public schedule maintained by the regional (commercial) courts. It serves to record and disclose facts that must be registered according to the Business Register Statute from 1991, the Enterprise Code from 2005, and other commercial-law provisions. The main ledger is maintained by filing entries in a central database (Business Register Database) at the Federal Computing Centre in Vienna.
The European Business Registry Association (EBRA) provides direct online access to Austrian company information through its EBR information distributors. The EBR service distributor based in Austria is MANZ'sche Verlags- und Universitätsbuchhandlung GmbH, a privately owned publishing house on legal matters based in Vienna. As the official provider of Austrian business data, appointed by the Ministry of Justice, MANZ provides access to the Austrian Business Register.
HF Data is another service that provides access to the databases of the Republic of Austria, including the Austrian Business Register. There are two access options: "Easy" and "Account". The "Easy" option does not require registration and accepts payment by credit card, EPS, PayPal, and other payment methods. The "Account" option requires registration and is intended for regular use. It includes Central Register of Residents searches for authorised persons and has no registration fee.
The core services provided by business registers in EU countries include registering, examining, and storing company information, such as a company's legal form, seat, capital, and legal representatives, and making this information available to the public.
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Registering a company's legal form
When registering a company in Austria, it is important to understand the different legal forms available. The choice of legal form will depend on the specific needs and requirements of the business owners, as each type has its own advantages and disadvantages in terms of liability, taxation, and investment freedom. Here is an overview of the most common legal forms for registering a company in Austria:
Sole Proprietorship (Sole Trader)
A sole proprietorship, also known as a sole trader, is a popular legal form in Austria, where the entire entity is owned and operated by a single person. This type of structure offers the owner freedom of investment, simple accounting, and moderate taxation. The owner is required to obtain a trade license and can voluntarily or mandatorily (if certain financial thresholds are met) register in the Register of Companies (Firmenbuch). Additionally, the sole proprietorship must be insured by the Social Insurance Institution of Austria, and it can employ employees under an employment contract.
General Partnership (Offene Gesellschaft)
A general partnership occurs when two or more legal entities or individuals come together to operate as a single organization. In this structure, each partner has total liability, both individually and wholly. The only formal requirements for setting up a general partnership are a trade license and registration with the Austrian Commercial Register. It is important to note that in a general partnership, every partner is responsible for company management, its obligations, and rights.
Limited Partnership (Kommanditgesellschaft)
A limited partnership, or KG, is similar to a general partnership in terms of company formation. However, the distinguishing feature is that a KG requires at least one general partner who takes on full responsibility for the company, while the other partners are limited partners only responsible for their investments. Like a general partnership, a trade license and registration with the Austrian Commercial Register are the main requirements for establishing a limited partnership.
GmbH (Gesellschaft mit beschränkter Haftung)
A GmbH is a type of legal form where a single founder or multiple partners (co-owners) can establish a company. Both residents and non-residents are allowed as founders, and each founder has a share in the share capital. The size of the shares can vary, and corporate rights are registered in the Companies Register, transferable only by a notarial deed. A GmbH must have a unique name that includes a reference to its legal form (GmbH) and does not contain offensive or misleading language.
Branch of a Foreign Company (Zweigniederlassung)
This legal form allows a foreign company to establish a non-independent branch in Austria, which is not treated as a separate legal entity. The foreign company retains the obligations, and there is no requirement for a minimum share capital, shareholder meetings, or the publication of balance sheets. However, separate accounting is required for the branch, and details must be entered into the Austrian Company Registry, translated into German if necessary.
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Annual financial statements
All Austrian legal entities are required by law to publish annual financial statements and balance sheet reports. These statements are filed with the competent Business Register Court and are available for public inspection. The purpose of these financial statements is to give a true and fair view of the financial position and performance of the business.
The annual financial statements include a balance sheet and an income statement. The balance sheet must include fixed assets and current assets, while the liabilities side must state equity capital, provisions, liabilities, accruals, and deferred income. The income statement includes information on income and expenses, company development, profit and losses, and the amount of capital. The volume of information required depends on the size of the company and can range from 2 pages to hundreds.
The notes to the annual financial statements must explain the applied accounting and valuation principles to give a clear picture of the financial position and performance of the business. Additionally, a director's or management report may also be required. For example, a small limited liability company only needs to file a condensed balance sheet and brief notes.
The deadline for filing annual financial statements is nine months after the balance sheet date. These statements can be easily accessed through the online Business Register search, where the most recently filed annual financial statements are available, along with those from previous years, if available.
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Company extracts and reports
Company Extracts:
Company extracts, also known as a "Firmenbuchauszug," are official documents that provide detailed information about a company's registration and current standing. They are sourced from the Austrian Commercial Register, which is a public information resource maintained by authorised district courts. Company extracts can be obtained from the district court or through private companies that offer this service, such as Schmidt & Schmidt. These extracts are typically provided in German but can be accompanied by translations for international use.
Financial Statements:
In Austria, almost all registered companies are required to file publicly available annual financial statements. These statements include a balance sheet, income statement, and a management report with explanatory notes. The level of detail required in the financial statements depends on the company's size, with small and medium-sized companies having simplified requirements. Small companies may only need to submit an abbreviated balance sheet, while larger companies must include more comprehensive information.
Beneficial Ownership Reports:
Austria has reporting obligations regarding the beneficial owners of companies and private foundations. The definition of a beneficial owner includes founders, beneficiaries, and those who control the entity. For companies, shareholders and managing partners are typically considered beneficial owners and must be reported to the register. Additionally, complex ownership structures may require a graphic illustration, such as an organisational chart, to better understand the relationships between entities and individuals.
Compliance and Exemptions:
Austria's reporting requirements apply to various legal entities, including general partnerships, limited partnerships, limited liability companies (GmbH), and foreign legal entities conducting business in Austria. However, there are exemptions from the reporting obligation for certain entity types. For example, general and limited partnerships are exempt if all personally liable shareholders are individuals. Similarly, limited companies are exempt if all shareholders are individuals, provided that they hold an interest of more than 25%.
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EBR information distributors
The European Business Register (EBR) is a network of business registers kept by the registration authorities in most European countries. EBR information distributors provide direct online access to official company information from the countries connected to the network. The EBR service distributor based in Austria is MANZ'sche Verlags- und Universitätsbuchhandlung GmbH, a private publishing house on legal matters based in Vienna.
The Austrian Business Register is a public schedule maintained by the regional (commercial) courts. It serves to record and disclose facts that must be registered according to the Business Register Statute from 1991, the Enterprise Code from 2005, and other commercial-law provisions. The main ledger is maintained by filing the entries in a central database (Business Register Database) at the Federal Computing Centre in Vienna. There are about 200,000 active business entities recorded in the Business Register, including companies with limited liability, general partnerships, limited partnerships, sole traders, stock corporations, and commercial and industrial cooperatives.
The core services provided by all registers are to register, examine, and store company information, such as information on a company's legal form, its seat, capital, and legal representatives, and to make this information available to the public. The European Business Registry Association (EBRA) Information Sharing Agreement is the basis for cooperation between National Business Registers. Registries in the Member Countries provide access to the data stored in their business registers. Data from across Europe is then made available through EBR in standardised reports.
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Frequently asked questions
You can register a company in Austria through the European Business Register (EBR). The EBR service distributor in Austria is MANZ´sche Verlags- und Universitätsbuchhandlung GmbH, a privately owned publishing house on legal matters based in Vienna.
All registers are required to record and disclose facts about a company's legal form, its seat, capital and legal representatives. Almost all registered companies in Austria are also required to file publicly available annual financial statements.
The Austrian Business Register is a public schedule maintained by the regional (commercial) courts. It is accessible online through the EBR, which provides direct access to Austrian company information.
