FlexCo (Flexible Company)
The FlexCo (Flexible Company) is a legal form regulated under the FlexKapGG since 1 January 2024, which makes the corporate structure more flexible and is tailored specifically to start-ups and growth-oriented companies. As with the GmbH, a registered business address is required for the commercial register entry.
Explanation
The FlexCo combines the structure of the GmbH with additional flexibility regarding capital and shareholding. The minimum share capital is EUR 10,000, of which at least EUR 5,000 must be paid in cash. Unlike the GmbH, a minimum capital contribution of just EUR 1 per share is possible, allowing for a fine-grained division of shares. For employee participation programmes, enterprise value shares can be issued that remain below 25 percent and carry no voting rights. The transfer of shares can be carried out not only by notarial deed but also by a deed drawn up by a lawyer. Where the FlexKapGG does not provide its own rules, the law governing the GmbH applies on a subsidiary basis. Formation takes place by entry in the commercial register and, as with the GmbH, requires notarised articles of association and a registered office with a registered address.
Why does this matter?
Founders of a FlexCo need a registered business address in Austria for the commercial register entry, just like with a GmbH. For start-ups planning employee participation schemes, a professional address is also helpful to appear credible to investors and authorities.
Legal basis
FlexKapGG (Flexible Companies Act)
Relation to postservice.at
postservice.at provides the registered business address for your FlexCo. The address in 1010 Vienna can be stated directly as the registered office in the commercial register filing. All three packages are suitable for forming a FlexCo.
Frequently asked questions
Can I form a FlexCo with a virtual office address?
Yes, the business address of postservice.at is recognised as the official registered office for forming a FlexCo. You can use the address directly in the articles of association and in the commercial register filing.
What is the difference between a FlexCo and a GmbH?
The FlexCo allows a minimum capital contribution of just EUR 1 per share, enterprise value shares for employee participation without voting rights, and share transfers by a lawyer's deed. The minimum share capital of EUR 10,000 is identical to the GmbH.
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