GmbH in Austria: What Founders From Abroad Need to Know

The GmbH is Austria's standard limited liability company and the form most foreign founders end up choosing. The rules are strict in places that surprise people, and relaxed in one place that surprises them more. Here is what actually governs the process.

Share capital: 10,000 euros, half of it in cash

The minimum share capital of an Austrian GmbH is 10,000 euros (§ 6 para 1 Austrian Limited Liability Companies Act). This was lowered from 35,000 euros at the beginning of 2024, which is why older guides still quote the higher figure.

You do not have to transfer all of it before you start. At least 5,000 euros of the cash contributions must be paid in before the company is registered (§ 10 para 1). The money goes into a bank account in the company's name, and the bank issues a confirmation that the notary submits with the application.

The capital is not a fee. It stays in the company and is working capital from day one.

The notarial deed, and the one case where it is not needed

The articles of association of a GmbH require a notarial deed (§ 4 para 3). That means the notary drafts or reviews the document, reads it out, explains it, and records that this happened. It is a formal act, not a signature you can courier over.

The exception matters if you are setting up alone. Under § 9a para 4, a single natural person forming a company with a standard declaration limited to the statutory minimum content can do so without a notarial deed. This simplified formation is deliberately narrow: the moment you want tailored provisions, a second shareholder, or anything beyond the minimum, the notarial deed is back.

Since 2024 the deed can also be executed by video conference under § 69b of the Austrian Notarial Code, with an uninterrupted two-way audio and video connection and identity verification either by a video-based procedure or an electronic identity document. For founders abroad this removes the need to travel.

If you need a firm in Vienna, we maintain a list of notaries in Vienna and the surrounding area, sorted by district. The list itself is in German, but it gives you the addresses and phone numbers.

What the commercial register costs

The notary's fee depends on the value involved and is separate from the court fees. The court fees themselves are fixed and, for a GmbH, currently:

Both amounts have applied since 1 August 2026.

There is a way to avoid them entirely. Under the Austrian New Business Promotion Act, a genuinely new business can be exempted from the registration and associated filing fees. The declaration form has to be submitted with the application, or supplied within fourteen days of it. Forgetting it is the single most expensive oversight in an Austrian company formation.

Note what the exemption does not cover: the notary's fee is not on the list.

The address the register will accept

Every Austrian company needs a registered seat and a business address at which documents can be served. The commercial register records the address that is decisive for service, and the authorities check that it is real.

A P.O. box does not qualify. Nor does an address where nobody can accept mail. What is required is a physical address with someone able to receive registered official letters.

This is where formations from abroad most often stall, because a residential address in another country will not work for the Austrian register. Postservice.at provides a business address in Vienna that is accepted by the commercial register, the trade authority and for your imprint.

The order of operations

1. Reserve the company name and check it against the register
2. Draft the articles, agree them with the notary
3. Execute the notarial deed, in person or by video
4. Open the bank account and pay in the cash contribution
5. Obtain the bank confirmation
6. File with the commercial register, with the promotion act declaration if applicable
7. Register the business activity with the trade authority
8. Register with the tax office, which is when the VAT number is issued

Steps 1 to 6 are the notary's territory. Steps 7 and 8 are yours.

FlexCo: the newer alternative

Since 2024 Austria also has the Flexible Company (FlexCo), designed for startups with employee participation. The GmbH rules apply to it unless the FlexCo Act says otherwise, so the share capital, the notarial requirement and the register procedure are broadly the same. The differences are in share classes and the transfer of shares.

Frequently asked questions

Can I form an Austrian GmbH without travelling to Austria?

Yes. The notarial deed can be executed by video conference under § 69b of the Notarial Code. You will still need an Austrian bank account for the share capital and an address the register accepts.

Do I need an Austrian resident as managing director?

No, Austrian law does not require the managing director to be resident in Austria. Depending on your nationality, residence and work permit rules may still apply to you personally.

How much does the notary charge?

The fee follows the statutory tariff and is calculated from the value of the matter. For a GmbH formed by up to four natural persons, only half of the share capital counts as the basis. Ask for an itemised fee statement rather than a lump sum.

How long does the whole process take?

The register itself usually decides within days of a complete filing. What takes time is everything before that: the bank account, the appointments, and the documents you have to obtain from your home country.

Can I use a virtual office address for the register?

Yes, provided it is a real address where service is possible. That is the standard for the register, not the label the provider uses. See our guide to the virtual office in Vienna.

Sources

• Austrian Limited Liability Companies Act (GmbH-Gesetz), §§ 4, 6, 9a, 10
• Austrian Notarial Code (Notariatsordnung), § 69b
• Court Fees Act (Gerichtsgebührengesetz), tariff item 10
• New Business Promotion Act (Neugründungs-Förderungsgesetz), §§ 1, 2, 4

Status: August 2026. General information, not legal advice.