Corporate & Commercial Law · Austria
Company formation in Austria with a specialist Rechtsanwalt at your side
Setting up a business here touches company law, commercial contracts, tax registration and often property or employment questions. We match you with an Austrian lawyer who handles that work — free of charge and with no obligation.
- Lawyers admitted to an Austrian regional Bar association
- Support with structure, contracts and registration steps
- Free matching, usually answered within 24–48 hours
Free and without obligation. We only pass your details to the lawyer we match you with.
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Tell us about your situation and receive a free, confidential case review.
The starting point
What company formation in Austria really involves
Setting up a business in Austria means working inside a codified civil-law system, where the General Civil Code, the Commercial Code and the procedural codes shape everything from shareholder agreements to lease contracts. Whether you are incorporating a new entity, taking over an existing business or relocating a company to Vienna, Graz, Linz or Salzburg, the details matter: who may represent you, which court hears a dispute, which property and registration steps must be completed, and how fees are calculated. Company formation in Austria is rarely just a filing. We match you with an Austrian Rechtsanwalt who advises founders and companies every day, so you move forward with a lawyer who knows the local rules and the commercial context.
Austria in practice
How Austrian law shapes the process
Austria is a civil-law country, and much of what surrounds a new company — contracts, property, employment, succession — is codified in federal statutes. These are the points clients ask about most often.
Who is allowed to advise you
In Austria, practising as a Rechtsanwalt requires entry in the list of lawyers kept by one of the nine regional Bar associations, so Bar membership is compulsory (Rechtsanwaltsordnung, section 1). The route demands an Austrian law degree of at least four years and 240 ECTS, five years of practical training, including three with a lawyer, the bar examination, mandatory training days and professional liability insurance.
The framework you are moving into
Company activity here sits inside a codified civil-law framework. The General Civil Code (ABGB, 1811) still governs general obligations and contracts, the Commercial Code (Unternehmensgesetzbuch) applies to business dealings, and the Civil Procedure Code (ZPO) governs litigation. Because Austria is a federal state, competences are shared between the Federation and the nine Länder, so location can matter.
Courts that hear commercial disputes
Company disputes go to the ordinary courts, organised in four tiers: 113 district courts, 20 regional courts, four higher regional courts and the Supreme Court (Oberster Gerichtshof) in Vienna. Commercial matters are often heard by the specialised commercial courts (Handelsgerichte) in Vienna and Graz. Above €5,000 in dispute, and always before the regional and higher courts, a Rechtsanwalt must represent you (section 27 ZPO).
Premises, leases and the Land Register
If your project includes business premises, note that ownership of real property passes only on entry (Einverleibung) in the Land Register (Grundbuch), not on signing and paying. The sale contract itself need not be notarial, but the written declaration of conveyance (Aufsandungserklärung) must bear notarised or court-certified signatures, and priority runs from the moment the application reaches the land-registry court.
Fees, tariffs and legal aid
Court fees are levied under the Gerichtsgebührengesetz and are generally payable when a claim is filed; in civil proceedings they are scaled to the value in dispute, and JustizOnline provides an official calculator. The losing party normally bears court fees and reimburses the winner’s costs (sections 40 ff. ZPO). Lawyers charge under the Rechtsanwaltstarifgesetz unless a different rate is agreed in writing, and Verfahrenshilfe can cover fees and provide a lawyer.
Succession and tax points founders overlook
Since 1 August 2008 Austria has levied no inheritance or gift tax at federal level, which matters when company shares pass within a family. Transfers of real property still trigger real-property transfer tax (Grunderwerbsteuer) and a land-register entry fee, and larger lifetime gifts may carry a reporting obligation. Testamentary freedom is limited by the Pflichtteil.
Key time limit — Commercial & Corporate Law
Debt recovery (general contractual claims) — 30 years. General contractual claims enjoy the longest limitation period, although recurring items such as interest follow shorter rules.
The country-specific statements on this page come from official Austrian and EU sources — the European e-Justice Portal, the Austrian Federal Ministry of Justice, oesterreich.gv.at, the Austrian Bar (ÖRAK) and the federal legal information system (RIS) — as published on those portals.
- European e-Justice Portal — National justice systems: Austria
- Austrian Bar Association (ÖRAK) — Structures, data and facts
- Rechtsanwaltsordnung (RAO) — federal legal information system (RIS)
- Zivilprozessordnung, section 27 — mandatory lawyer representation
- oesterreich.gv.at — organisation of the courts
- oesterreich.gv.at — buying property and the Land Register
- Federal Ministry of Justice — Verfahrenshilfe (legal aid)
- ABGB section 1478 — thirty-year limitation period
- ABGB section 1489 — three-year period for damages claims
- ABGB section 1480 — three-year period for recurring payments
- ABGB section 1486 — three-year period for trade receivables
- Employment law — two-week deadline to challenge a dismissal (section 105)
- Marriage law — consensual divorce and separation period (section 55a)
- Marriage law — fault-based divorce filing deadline (section 57)
- Federal Ministry of Finance (Findok) — abolition of inheritance and gift tax
- Federal Ministry of Justice — compulsory portion (Pflichtteil)
Common problems
Where founders get stuck
Most delays in an Austrian setup come from the same few questions, and they are all easier to settle before documents are signed.
The legal form question comes first
Sole trader, partnership or capital company: the choice affects liability, accounting and how easily you can bring in investors later. Getting it wrong at the start is expensive to unwind.
Registration strands run in parallel
Commercial, tax and property-related steps overlap, and documents often need specific forms and signatures. Missing one strand can hold up the whole launch.
You are not in Austria
Founders abroad often do not know which Austrian lawyer to instruct or what a realistic brief looks like. Distance makes it harder to judge who is genuinely experienced.
Why use our matching
What the free matching service gives you
We do not draft your documents or decide your strategy. We find the Austrian lawyer who does that work every day, and we do it at no cost to you.
Specialist matching, not a directory
Tell us your sector, the structure you have in mind and your timeline. We compare that with lawyers who actually advise on Austrian company law, commercial contracts and the related tax and property questions.
One lawyer for the whole setup
Your matched Rechtsanwalt can cover the formation documents, a commercial lease review, shareholder arrangements and ongoing advice, so you are not coordinating several advisers separately.
Clear information on costs
Austrian lawyers’ fees follow the Rechtsanwaltstarifgesetz unless you agree otherwise in writing, and court fees are scaled to the value in dispute. Your lawyer explains the basis before work starts.
Cross-border experience
Many clients come from Germany, Switzerland and elsewhere in Europe. Austrian Rechtsanwälte are used to cross-border structures and can work in German with you or alongside your existing home-country adviser.
Coverage
Austria and the wider European market
We match clients with lawyers in Austria and elsewhere in Europe. If your project touches more than one jurisdiction, say so in the form and we will take it into account.
Questions
Company formation in Austria: frequent questions
Do I need a lawyer for company formation in Austria?
Not every step requires a Rechtsanwalt, but the steps that cause trouble usually do. In civil litigation, representation by a lawyer is mandatory before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000 (section 27 ZPO). Early legal input on structure and contracts is normally cheaper than later repair.
What qualifications must an Austrian lawyer have?
To practise, a Rechtsanwalt must be entered in the list of lawyers kept by a regional Bar association, so Bar membership is compulsory. The requirements include an Austrian law degree of at least four years and 240 ECTS, five years of practical training with at least three years spent with a lawyer, the bar examination, mandatory training events and professional liability insurance. The title is protected by law.
Which Austrian courts handle commercial disputes?
The ordinary courts have four tiers: 113 district courts, 20 regional courts, four higher regional courts and the Supreme Court (Oberster Gerichtshof) in Vienna. Commercial matters are often heard by the specialised commercial courts (Handelsgerichte) in Vienna and Graz. Administrative disputes go to separate administrative courts, with the Constitutional Court as the constitutional instance.
How are legal costs calculated in Austria?
Court fees under the Gerichtsgebührengesetz are generally payable when a claim is filed and, in civil proceedings, are calculated as a staggered percentage of the value in dispute. Lawyers’ fees follow the Rechtsanwaltstarifgesetz unless a different rate is agreed in writing, which can include hourly billing. If you cannot meet the costs, Verfahrenshilfe may cover fees and provide a lawyer.
Can the process be handled from abroad?
Many clients brief an Austrian lawyer long before they travel. Your lawyer will tell you which documents need original signatures, notarisation or court certification — the declaration of conveyance for a property purchase, for instance, must carry notarised or court-certified signatures. How much can be completed remotely depends on your structure and the steps involved.
How does the free matching work?
Send us a short description of your project, your timeline and any budget expectations. We forward it to a Rechtsanwalt whose practice covers company formation and the related questions, and they come back to you with an initial assessment. The matching service is free and creates no obligation on either side.
Next step
Speak to an Austrian lawyer about your project
Describe what you want to build and where you are starting from. We will match you with an Austrian Rechtsanwalt who works with founders and companies, at no cost and with no obligation to instruct.