There are virtually no restrictions on foreign investment, and foreign individuals and entities can freely establish a company, acquire Austrian businesses and assume managing functions.
The main business structures in Austria are:
Limited Liability (GmbH):
These can be set up by one ore more shareholders, however the minimum share capital is approx. $50,000 AUD and 50% of this must be contributed in cash before registration. Liability of each shareholder is limited to the full amount of the share investment.
Stock Company (AG):
Corporation whose shares are traded on a stock exchange. They are more flexible with shares, enabling it to raise funds on capital markets. A supervisory board is compulsory and assemblies are subject to stricter formal requirements. Financial statements are subject to compulsory audit by a certified public auditor. The minimum stock capital is approx. $99,000 AUD and at least 25% must be paid in before registration.
Depending on the type of business activity of the company, a notification or application for a trade licence may be required. Moreover, legal entities have to appoint a suitable trade representative who must fulfil certain requirements of professional training and/ or professional experience. The trade representative may either be an executive or an employee of the company, and has to reside in Austria or another EU or EEA member state.
In cases where third