After the amendments of the Austrian Limited Liability Company Act there are now three different Austrian GmbH’s with different share capital requirements. An amendment in 2013 lowered the share-capital requirement from 35,000 Euro to 10,000 Euro. Also, previously founded GmbH’s were enabled to lower their share-capital. Since 2014 the share-capital requirement is raised up to 35,000 Euro again. There is still a privilege for newly founded GmbH’s though: they can keep their share-capital in the amount of 10,000 Euro for ten years. Previously founded GmbH’s however can’t make use of this privilege. In its recent decision the Supreme Court of Constitution now found with respect to the principle of equal treatment that this is not unconstitutional (G311/2016).
14. March 2017