Our attorneys in Austria are highly experienced in all areas of law and work with professionalism and diligence with all of our clients. The values that define our lawyers are professionalism, transparency, communication, and verticality.
Our lawyersin Austria are guided in their work by the belief of building long-term relationships with their clients based on honesty, trust and professionalism and they are aware that good advice beforehand can avoid slow performance and that's why our law firm’s mission is to listen and understand the objectives of each client in order to meet them and exceed expectations.
Our law firmin Austria offers quality services in all areas of expertise and the manner they treat each case offers them a significant competitive advantage.
The following list is a summary of the most common types of legal services requested by both national and international clients from our lawyers in Austria:
litigation: between them, our lawyers have extensive experience in all areas of law, from business and commercial to Intellectual Property Law, Competition or Contract Law but also the Employment Law and Family Law. We can help you with court representation.
company formation: companies in Austria are required to comply with a specific set of procedures for incorporation; our lawyers can assist investors, especially foreign entrepreneurs, during all of the stages of company incorporation; we provide this service in all of the major Austrian cities.
tax advice and planning: companies and individuals deriving income from Austria are subject to the corporate income tax, the personal income tax, social security contributions, and others; our team can help you comply with the ongoing tax regulation and can present several methods of legally minimizing the due taxes for companies.
debt collection: those investors or individuals who find that they are having a difficult time collecting their due payments from creditors in Austria can reach out to our experts; the debt collection process is detailed below.
company dissolution: ending the commercial activity of a company is something that needs to be performed by following the steps for liquidation and dissolution. This is an area where our lawyers can help you observe the complete legal requirements for ending the activity of a company and de-registering it. Alternatively, we can help with legal advice in all cases involving mergers and acquisitions, if this is the chosen method to continue the activities of a company.
We invite you to watch a short video about the legal services provided by our Austrian lawyers:
Litigation services in Austria
Dispute resolution in Austria can take place in court or through arbitration or mediation. Our lawyers have extensive experience in representing corporate clients in front of the Austrian counts and have defended various types of claims. We take on each case with diligence and attention to detail so that we may provide the suitable legal solutions for clients. We represent our clients in court but will also try to and solve the case in a pre-trial negotiation. You can rely on or experienced lawyers to find the suitable legal solutions for cases that involve disputes in case of product liability, employment matters, the Commercial Code, contracts and others.
Company formation services in Austria provided by our lawyer in Austria
We provide full services when you are interested in opening a company in Austria. In most cases, it is easier to hire a lawyer in Austria to take care of documentation, registration and in relation to public authorities and when all the measures are taken in the correct order and form, you can run your business within one month since the first step of the procedure.
Our lawyers will also guide and assist you when you are interested in opening a holding company in Austria. Our law firm will also present you the particularities of such business. For example, the main advantage of opening a holding company in Austria is the exemption from paying withholding taxes on dividends paid to Austrian subsidiaries and the exemptions granted on dividends paid to the non-resident companies, if the parent company owns at least 10% of the share capital for a minimum period of one year.
Company restructuring and insolvency
Clients turn to our services not only when they need to open a company but also when it is time to change an existing business entity or end its activities altogether. Business restructuring is a process that demands careful analysis and a well-structured plan as well as crisis management. On the other hand, company liquidation is a process that takes place in the presence of an appointed liquidator and must observe a set of mandatory procedures. Our lawyers are here to assist you with legal advice and proper counseling in case of restructuring strategies and when closing a company.
Employment lawyers in Austria
The Employment Law in Austria is of importance to all companies operating on the market. From concluding agreements to terminating employment contracts, our law firm in Austria will provide the needed legal advice. We can provide solutions for HR management according to the law and answer questions about the data protection updates and how you can conclude non-competition and non-disclosure agreements. The Employment Law is also of particular importance in case of corporate mergers and/or acquisitions and essential legal counseling may be needed during these times. We offer solutions for the adequate and lawful treatment of your Austrian and foreign employees in the country.
Intellectual property attorneys in Austria
We can answer your questions concerning the Intellectual Property Law in Austria and how you can be sure that your company protects its designs, patents, and innovations on a long-term basis. Our lawyers who specialize in trademark and copyright matters in Austria can advise you on the available options for protecting your brand identity and uniqueness.
Tax advice in Austria
Our lawyers can help you understand the eligibility criteria for double taxation relief as well as all of the other provisions of the Tax Law. For this purpose, our lawyers in Austria will offer you all the needed information about taxation, the applicable exemptions for some companies, such as branches, as well as details about any tax incentives that may be available for your business. Our law firm will act with transparency and professionalism in obtaining the avoidance of double taxation.
Debt collection with the help of our lawyer in Austria
Our law firm in Austria has a strong team of lawyers who have become experts in the field of debt collection. We are able to provide all the services when you have to deal with debt collection procedures. Our successful results rank us in the top of law firms that go in for debt collection in Austria.
Our lawyers will provide you with consultancy and action in all the phases:
- the demand letters,
- amicable settlement,
- holding negation meeting,
- representation before the court and before other competent authorities;
- public auction proceedings.
Our lawyers in Austria will also take care of all the documents from the beginning until the fulfillment of the claim.
The lawyers who work for us have a solid background in resolving an entire range of litigations brought before any court in Austria. Ask for our law firm’s support in order to achieve the proper result in optimum time and conditions.
Our lawyers have worked with numerous clients for which they have provided tailored solutions over the years. We help businesses enter the market and face any legal hurdles they may encounter along the way while doing business in Austria.
What are the types of courts in Austria?
The court system in Austria is divided into:
- the Supreme Court,
- four courts of appeal (in Vienna, Graz, Linz and Innsbruck),
- 20 courts of justice,
- 141 district courts.
There are also the General Procurator’s Office, four Offices of Senior Public Prosecutors and 17 Offices of Public Prosecution.
The offices take care of the public interest, while the courts are adjudicating legal cases.
Besides the above, the Austrian judicial system also consists in the Constitutional Court and the Administrative Court.
What are the responsibilities of the courts in Austria?
The Supreme Court in Austria is the highest instance in civil and penal law cases. The decision taken by its president cannot be reappealed in another court.
The first instance courts (the 141 district courts) are hearing civil law cases when the penalty is below EUR 10,000 and the maximum prison punishment is below one year. In certain cases, stipulated by the law, the penalty may exceed EUR 10,000 (especially in family matter cases).
For the rest of the cases, the regional courts are responsible. The regional courts are also considered second instance courts for the cases already heard in the district courts.
The courts of appeal are second instance courts for penal and civil law cases. The president of one court is also responsible for the administration of all the courts (district or regional) from his court district. He must follow the regulations of the Federal Minister of Justice.
The Austrian Constitutional Court is checking the compliance of the laws and decrees with the Austrian Constitution. It is a separated body of the Austrian judicial system and its decision cannot be contested.
The AdministrativeCourt must examine the public administrative decision in order to see if it complies with the Austrian laws (with an exception on the ordinances, checked by the Constitutional Court).
What are the responsibilities of the Arbitration Court in Austria?
Arbitration courts are private judicial institutions, established on the grounds of an arbitral agreement signed by the parties involved in the process. The parties can nominate the persons with decisional powers. The only issue related to it is that the arbitral courts cannot enforce their decisions to the parties, so it’s often used that an appeal is lodged with the ordinary courts. The costs of such arbitration process are usually pretty high and the objectivity of the person in charge with taking a decision is usually questionable.
How long does litigation in Austria take?
Depending on the type of case and the fact that an appeal is lodged with a second instance court, a trial in Austria may take from two months to several years.
The Supreme Court of Justice in Austria
The Supreme Court of Justice is the final instance for civil and criminal proceedings and the final institution of ordinary jurisdiction. In civil cases, including but not limited to those that may concern a foreign investor in Austria, the Supreme Court decides on all appeals. In order for an appeal to be admitted by the Supreme Court is must exceed 4,000 EUR.
The Constitutional Court and the Administrative Court deal with matters arising from public law. One of the experts at our law firm in Austria can help you deal with issues concerning public law.
Courts of ordinary jurisdiction in Austria
Matters regarding the private law, criminal law, and competition law are dealt with by the courts of ordinary jurisdiction. The district courts of first instance deal with cases below 10,000 EUR: for example family law matters or some real estate matters such as renting property in Austria.
The courts of the second instance hear those cases that were first brought before a district court. an appeal must be made to the regional court and, if this court already issued its decision in the first instance, the appeal is made before a province court.
Frequently asked questions
1. Are visas mandatory in Austria?
Not all citizens need to apply for a visa for Austria if their stay is limited. However, there are conditions that do apply for obtaining a visa for the purpose of employment.
2. What are the requirements for employment in Austria?
The Labor Law in Austria sets forth the conditions for working in the country which, in many aspects, are similar to those found throughout the EU.
3. What are the main taxes in Austria for companies?
The corporate income tax, the municipal tax, the value added tax and the real estate tax are examples of taxes for companies. The standard rate of the corporate income tax is 25% and other tax values include the 3% payroll tax, the real estate tax of 0.2% on up to five times the value of the property (as assessed); the VAT rate in Austria is 20% and reduced rates of 13% and 10% apply to certain goods and services. Our team of lawyers in Austria can give you more details.
4. What are the main taxes in Austria for individuals?
The personal income tax which is progressive and applies to the worldwide income. There is no inheritance tax in Austria. Employed individuals must make social security contributions according to their salary.
5. What are the basic legal requirements for foreign investors in Austria?
Investors in Austria are welcomed and benefit from the same investment rights as local entrepreneurs. They need to comply with the general requirements for corporate registration and governance, along with the relevant laws.
6. What are the main steps for company formation in Austria?
Constitutive Documents: drafting the articles of association for the company and raising the minimum capital;
Bank account: the minimum capital for the GmbH or the AG is deposited in a corporate bank account.
Appointing managers: the company needs a minimum of one shareholder and one director; for large companies, a supervisory board is needed.
Registration: the company is registered with the regional court in its area by submitting the Articles of Association, bank statements and registration fees.
7. What are some of the special requirements for companies in Austria?
Sector-specific permits and licenses are needed for some businesses. These are applied for after the company is registered and one of our lawyers can help you make the necessary submissions to the relevant Austrian authorities.
8. What is the debt collection procedure in Austria?
Debt collection is a process that starts with the official requests, followed by a letter that informs the debts of the decision to pursue the legal proceedings. The special services offered by a team of lawyers or debt collection agency can be used.
9. How are litigation cases typically handled in Austria?
Dispute resolution in Austria can take place before a court or through arbitration or mediation (alternative dispute resolution methods). Court proceedings are initiated through a claim directly to the court of first instance.
10. What are the requirements for living in Austria?
Individuals who wish to relocate to Austria can follow the naturalization process after they have had a legal residence in the country for a continuous period of 10 years or a minimum of 5 years with a residence permit. Sufficiency and integrity conditions must be met as well as proof of German language skills. Our team of attorneys in Austria can give you more information.
Please remember that these answers are not exhaustive and each individual or business might be facing different circumstances for which specialized legal aid may be needed.
For more details about our services, you may contact our office in Vienna. If you are interested in starting a business in other country and you need legal services, we can put you in touch with our partners abroad, for example in Malaysia.
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