Business registration.

General information.

An activity subject to the Trade, Commerce and Industry Regulation Act 1994 may be pursued independently, regularly and with gainful intent if the trade has been registered with the competent trade authority at the place where the enterprise operates.

Both sole traders and legal entities (corporations, associations, etc. ) and registered partnerships require a trade license German text to carry on a trade.

Legal entities and registered partnerships have to appoint a manager pursuant to trade law and to notify the competent trade authority at the place where the enterprise operates.

Sole traders unable to furnish evidence of professional competence German text for a regulated trade German text also have to appoint a manager pursuant to trade law who is able to prove his/her professional competence.

Required documents.

Info PLEASE NOTE.

For sole traders:

birth certificate German text und certificate of citizenship German text or passport German text of the person registering residence permit German text of third-country nationals German text (except Swiss citizens) residence registration German text If applicable, documentary proof of academic degrees German text Statement concerning grounds of ineligibility in accordance with Section 13 of GewO 1994 for natural persons In the event of change of name: additionally Marriage certificate German text or certificate of change of name In the event of residence abroad or residence in Austria for less than five years: additionally Extract from criminal record of the home country (not older than three months) In the event of appointing a manager: additionally birth certificate German text and certificate of citizenship German text or passport German text of the manager residence permit German text of third-country nationals German text (except Swiss citizens) residence registration German text Eventuell documentary proof of academic degrees German text In the event of change of name: additionally Marriage certificate German text or certificate of change of name In the event of residence abroad or residence in Austria for less than five years: additionally extract from criminal record of the home country (not older than three months) If the manager is entitled to external representation: statement concerning grounds of ineligibility in accordance with Section 13 of GewO 1994 for natural persons If the manager is not entitled to external representation: Statement for managers pursuant to trade law in accordance with Section 39 of GewO 1994 Statement for persons registering a trade and/or applicants in accordance with Section 39 GewO 1994 Written confirmation of an employment relationship (regulated trades: for at least half of the standard working hours) issued by the social insurance institution Employer account number For regulated trades: additionally for persons registering a trade/appointment of manager pursuant to trade law Certificate of professional competence German text (e.g. apprenticeship certification, master craftsman’s certificate) or Administrative decision recognising individual professional competence German text or Administrative decision on the recognition/equivalence of EEA certificates of professional competence German text.

For legal entities (corporations, associations, etc. ) and registered partnerships:

Deadlines.

No specific deadlines have to be met.

Costs.

There are no stamp duties and federal administration fees (see section 333a of the Gewerbeordnung 1994).

Legal basis.

Procedure.

The trade has to be registered with the trade authority. Registration may be made – without meeting specific formal requirements or by using a form – personally, in writing or also electronically.

Informal applications have to include the following information :

Precise title of the trade Full details of the location where the trade is carried on Precise name of the person/entity registering the trade For natural persons: first name, surname, address, date and place of birth, citizenship, social insurance number For companies/associations: complete company name and Commercial Register number or complete name of the association and Central Association Register number, business address If a manager pursuant to trade law is registered at the same time: First name and surname, address, date and place of birth as well as citizenship of the manager pursuant to trade law If she/he has employee status: Social insurance number Account number of employer.

Info TIP.

Trade registration will take legal effect if all requirements are met and the necessary documents are attached to the request. The trade may be carried on as from the date of registration .

Trades in accordance with Section 95 of the Trade, Commerce and Industry Regulation Act German text (hereinafter referred to as “Section-95 trades”) as well as the chimney sweep trade may be carried on only as from the date on which the final administrative decision ( Feststellungsbescheid ) is issued . The competent authority has to issue the final administrative decision within three months .

As far as Section-95 trades as well as the chimney sweep trade are concerned, the appointment of a manager pursuant to trade law will become effective only as from the date of the notification of approval ( Genehmigungsbescheid ).

Entry into the Austrian Business Licence Information System (GISA)

If the requirements are not yet fully met and/or if the required documents were not available upon trade registration and if any of the following requests is filed.

upon trade registration, the authority has to take into account administrative decisions issued within the three-month deadline.

Info EXAMPLE.

The date of the legally effective trade registration is defined as the date on which all documents required were received by the trade authority and on which, if applicable, individual professional competence was recognised, a waiver of ineligibility was granted, on which professional competence was recognised or equivalence was established.

If the requirements for carrying on a trade have not been met, you will receive an administrative decision rejecting your application.

Prerequisites.

For sole traders:

Citizenship: Austria EEA signatory states Switzerland Other third countries German text : residence permit German text Legal capacity: upon reaching the age of 18 years None of the grounds of ineligibility to carry on a trade (e.g. financial criminal offence, court sentence) is applicable. A waiver of ineligibility may be granted under certain circumstances.

For legal entities (corporations, associations, etc. ) and registered partnerships:

Entry into the Commercial Register or the Central Register of Associations or the like None of the grounds of ineligibility to carry on a trade (e.g. financial criminal offence, court sentence) is applicable. A waiver of ineligibility may be granted under certain circumstances.

For the manager pursuant to trade law:

For regulated trades:

Evidence of professional competence or Administrative decision recognising individual professional competence German text Administrative decision on the recognition/equivalence of EEA certificates of professional competence German text In the event of appointing a manager: For sole traders: Employment as an employee subject to compulsory social insurance (for at least half of the weekly standard working hours) For legal entities and registered partnerships: Either appointment for legal representation vis-а-vis third parties or Employment as an employee subject to compulsory social insurance (for at least half of the weekly standard working hours)

Info PLEASE NOTE.

Forms.

Online procedure:

Trade registration German text.

Additional information.

It you start to pursue an activity governed by the Trade, Commerce and Industry Regulation Act you will be subject to compulsory membership in the Austrian Federal Economic Chamber German text as well as compulsory social insurance in accordance with the Act on Social Insurance for Trade and Business (GSVG ). You have to register the respective business activity with the Social Security Service for Entrepreneurs German text (SVS ).

Info TIP.

First-instance denial of trade registrations is subject to appeal to the Federal Administrative Court.

Responsible department.

The trade authority having territorial competence for the trade premises :