Short commentary on the Flexible Company Act (FlexKapGG)

With the introduction of the Flexible Company Act (FlexKapGG) on January 1st, 2024, Austria established a new legal form for corporations, the Flexible Company (FlexKapG or FlexCo).

Our experts for corporate and commercial law, Daniela Huemer, Julia Goth and Johanna Fischer-Proier, have contributed to the development of the short commentary on the Flexible Company Act (FlexKapGG). The editors of this work are Dr. Stephan Verweijen, notary in Vienna, and Dr. Philip Aumüllner, Federation of Austrian Industries. This commentary provides a comprehensive presentation of the new regulations and the accompanying Start-up Promotion Act. It offers a concise overview of the provisions of the FlexKapGG and their practical application.

The three authors have contributed their expertise in the following chapters: Julia Goth in § 3. Capital Contributions of Individual Shareholders and § 5. Payments on Capital Contributions; Daniela Huemer in § 4. Simplified Formation and § 8. Non-Uniform Voting; and Johanna Fischer-Proier in § 7. Written Voting.

The individual contributions aim to familiarize users with the provisions of the FlexKapGG through practical examples, specific tips, and checklists. The commentary is designed for start-ups as well as established corporations, such as limited liability companies (GmbH) or joint-stock companies (AG), which can benefit from the extensive conversion options provided by the FlexKapGG.

In addition, the commentary offers an overview of the literature published to date on the FlexKapGG, allowing readers to understand the legal provisions in conjunction with Austrian scholarly opinions.

We are very proud of our continued contributions to significant legal publications like this one.

Our commercial and corporate law team is available to answer any further questions you may have on this topic.

You can find your personal copy and further details about the work here.

 

15. October 2024

 

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