As of November 2023 Austria’s business world has a new legal form: the flexible company (Flexible Kapitalgesellschaft, FlexKapG)
The new FlexKapG opens up entirely new ways of integrating investors into your financing structure more easily, of retaining employees by issuing enterprise value shares (Unternehmenswertanteile), and of minimising administrative effort at the same time.
The FlexKapG also makes transferring conventional shares easier than ever before.
Formation is economically easier because – unlike forming a GmbH – no notarial deed is required and the minimum share capital is EUR 10,000.
The FlexKapG also brings flexibility to business decisions: written shareholder resolutions are now generally permitted and votes may be cast without a handwritten signature (e.g. by e-mail).
A GmbH or AG can be converted into a FlexKapG (and vice versa).
The act is currently at the ministerial draft stage and is scheduled to enter into force on 1 November 2023.
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Disclaimer: This article is general information only and does not replace legal advice (as of 6 September 2023).