May 2022 – Austria – TAIYO Legal
In order to circumvent the capital raising requirements of the Austrian Limited liability company (GmbH), it was common practice for Austrian businesses to establish a Limited Liability Company in the UK. Once the LLC was established for a few Euros, a branch office was set up in Austria. The main business then took place through the branch office. With Brexit, this option has now been put to a stop. In addition, the Austrian Supreme Court (OGH) recently recognized that existing LLCs Austrian branch offices are to be regarded as companies under civil law (Gesellschaften bürgerlichen Rechts). Accordingly, the shareholders are now personally liable for the liabilities of those branch offices. (9Ob74/21d)
For more information on the above or in other matters, please contact TAIYO Legal, Dr. Alexander T. Scheuwimmer (firstname.lastname@example.org).
This article is based on publicly available information and given for informational purposes only. It is not intended as legal advice or as a comprehensive analysis of the matters referred to herein.
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