How to find company information in Österreich

The company register can be accessed online by anyone at various websites including the following:

• https://justizonline.gv.at/jop/web/firmenbuchabfrage
• http://www.registerauszug.at
• www.auszug.at
• www.firmenbuchgrundbuch.at
• www.firmenabc.at
• https://www.jusline.at/abfrageservices/firmenbuchauszug

While the website www.firmenbuchgrundbuch.at is available in English, all company information is only in German. The service providers offer different fee arrangements for one–time users and regular users. Typically, the cost is between Euro 5.00 and Euro 10.00. Official extracts (bearing an electronic signature from the register court and are therefore deemed to be an official document) are slightly more expensive.

In addition, register excerpts can be obtained at commercial courts, notaries and most lawyers and business trustees.

The commercial register contains the following information on stock companies and limited liability companies:

• company register number;
• company name;
• legal form;
• seat and business address;
• type of business (optional);
• branch offices, address
• date of formation (execution of Articles of Association):
• all changes to the Articles of Association;
  
• authorised representatives:
• managing directors and “Prokuristen”;
• start date and power of representation;
  
• name, date of birth, address;
• supervisory board:
• start date and power of representation;
• name, date of birth, address;
  
• share capital:
• issued share capital, amount which is paid in;
• resolutions to increase or decrease the share capital;
• name and address of shareholders (limited liability companies only);
  
• date of filing of the annual and consolidated financial statements;
• restructuring (merger, demerger, change of legal form);
  
• transfers of a business unit:
• exclusion of liability for the business unit’s debts;
  
• appointment of an insolvency receiver.

The commercial register further contains the following additional information on Partnerships (Offene Gesellschaften) and Limited Partnerships (Kommanditgesellschaften):

• shareholders which are not authorised to represent the company:
• limited partner’s share;
• name, date of birth, address of limited partner.

The register contains present as well as historical data. Entries, which are no longer valid, are marked as “deleted”.

Not all of the information contained in the commercial register is binding:

• certain agreements and shareholders’ resolutions become effective only upon registration in the commercial register:
• formation of the company;
• all changes to the articles of association;
• increase and decrease of share capital;
• mergers, demergers, change of legal form;
• dissolution of the company.
• in most cases third parties may rely on the accuracy of the registered entry. In other words: even if the entry is incorrect or has become incorrect (e.g., because the appointment of the managing director has meanwhile been revoked), it is still valid vis-à-vis the third party relying in good faith on the register entry;
• certain entries in the commercial register are not binding at all. This includes the registered address of the company and of authorised representatives. Also, the third party cannot rely on an entry of which it is aware that it is incorrect.

Certain company documents can be accessed online via the service providers listed above. These include the following:

• rticles of association;
• shareholders’ resolutions;
• sample signatures of managing directors;
• annual financial statements;
• certain corporate agreements, such as merger or demerger agreements, agreements on the change of the legal form, etc.;
• bank confirmations on the payment of the share capital;
• etc.

Share transfer agreements cannot be obtained from the commercial register.

The service providers offer different fee arrangements for one-time users and regular users. Typically, the cost is between Euro 2.00 and Euro 10.00 per document.

The following registers can be accessed online:

• information regarding insolvency proceedings (https://edikte.justiz.gv.at/edikte/edikthome.nsf);
• trademark register (https://www.patentamt.at/);
• land register (https://justizonline.gv.at/jop/web/grundbuchabfrage):
• register of contaminated sites (https://www.umweltbundesamt.at/vfka);
• zoning register (different sites for each province);
• credit reports (https://www.ksv.at/en; https://www.akv.at/home/);
• information on beneficial owners of a company:
• register of beneficial owners (registered users only).
  

There is no register of pending litigation in Austria.

There is a register of execution proceedings. This can be accessed only by lawyers and notaries representing the respective creditor or debtor.

If a certain plot of land is subject of a legal dispute, then this can be recorded in the land register (https://justizonline.gv.at/jop/web/grundbuchabfrage).