Trade Registration

Additional information

It you start to pursue an activity governed by the Trade, Commerce and Industry Regulation Act you will be subject to compulsory membership in the Austrian Federal Economic ChamberGerman text as well as compulsory social insurance in accordance with the Act on Social Insurance for Trade and Business (GSVG). You have to register the respective business activity with the Social Insurance Institution for Trade and BusinessGerman text (SVA).

TIP More information on registration with the SVA is provided in the Business Start-up Guide for Sole Traders  (Gründungsfahrplan EinzelunternehmenGerman text) as well as the Business Start-up Guide for Partnerships (Gründungsfahrplan GesellschaftenGerman text).

Costs

  • For the extract from the Trades Register upon request
    • Federal fee: 7.20 Euro 
    • Federal administrative tax: 2.10 Euro

Deadlines

No specific deadlines have to be met.

Forms

Dieses Formular wird direkt in der zuständigen Behörde einlangen, es wird nicht im Wege des Einheitlichen Ansprechpartners gesendet.

Formular an die Bezirkshauptmannschaft

Formular an den Magistrat Salzburg

General information

An activity subject to the Trade, Commerce and Industry Regulation Act 1994 may be pursued independently, regularly and with gainful intent if the trade has been registered with the competent trade authority at the place where the enterprise operates.

Both sole traders and legal entities (corporations, associations, etc.) and registered partnerships require a trade licenseGerman text to carry on a trade.

Legal entities and registered partnerships have to appoint a manager pursuant to trade law and to notify the competent trade authority at the place where the enterprise operates.

Sole traders unable to furnish evidence of professional competenceGerman text for a regulated tradeGerman text also have to appoint a manager pursuant to trade law who is able to prove his/her professional competence.

Appointment of a manager pursuant to trade law is also required if the sole trader does not have his/her residence in Austria. EEA citizens or Swiss people who reside in an EEA signatory state or in Switzerland are not required to appoint a manager pursuant to trade law.

Legal basis

Sections 13German text, 39German text, 339German text, 340German text and following of the Trade, Commerce and Industry Regulation Act 1994German text (GewO 1994)

Prerequisites

For sole traders:

  • Citizenship:
  • Legal capacity: upon reaching the age of 18 years
  • None of the grounds of ineligibility to carry on a trade (e.g. financial criminal offence, court sentence) is applicable.
    A waiver of ineligibility may be granted under certain circumstances

For legal entities (corporations, associations, etc.) and registered partnerships:

  • Entry into the Commercial Register or the Central Register of Associations or the like
  • None of the grounds of ineligibility to carry on a trade (e.g. financial criminal offence, court sentence) is applicable.
    A waiver of ineligibility may be granted under certain circumstances.

For the manager pursuant to trade law:

  • Citizenship:
  • Residence in Austria, in an EEA signatory state or in Switzerland
  • Legal capacity: upon reaching the age of 18 years
  • None of the grounds of ineligibility to carry on the trade (e.g. financial criminal offences, court sentence) applies to persons having significant influence in the company.
    A waiver of ineligibility may be granted under certain circumstances

For regulated trades and sub-trades:

  • Evidence of professional competence or
  • Administrative decision recognising individual professional competenceGerman text
  • Administrative decision on the recognition/equivalence of EEA certificates of professional competenceGerman text
  • In the event of appointing a manager:
    • For sole traders:
      • Employment as an employee subject to compulsory social insurance (for at least half of the weekly standard working hours)
    • For legal entities and registered partnerships:
      • Either appointment for legal representation vis-à-vis third parties or
      • Employment as an employee subject to compulsory social insurance (for at least half of the weekly standard working hours)

PLEASE NOTE In specific cases a trade facilities approvalGerman text is required (particularly if the trade facilities may cause hazards, nuisances or disturbances).

Procedure

The trade has to be registered with the trade authority. Registration may be made – without meeting specific formal requirements or by using a form – personally, in writing or also electronically.

Informal applications have to include the following information:

  • Precise title of the trade
  • Full details of the location where the trade is carried on
  • Precise name of the person/entity registering the trade
    • For natural persons: first name, surname, address, date and place of birth, citizenship, social insurance number
    • For companies/associations: complete company name and Commercial Register number or complete name of the association and Central Association Register number, business address
  • If a manager pursuant to trade law is registered at the same time:
    • First name and surname, address, date and place of birth as well as citizenship of the manager pursuant to trade law
    • If she/he has employee status:
      • Social insurance number
      • Account number of employer

TIP If you contact the competent Economic ChamberGerman text, it will assist you in registering your trade free of charge.

Trade registration will take legal effect if all requirements are met and the necessary documents are attached to the request. The trade may be carried on as from the date of registration.

Trades in accordance with Section 95 of the Trade, Commerce and Industry Regulation ActGerman text (hereinafter referred to as "Section-95 trades") as well as the chimney sweep trade may be carried on only as from the date on which the final administrative decision (Feststellungsbescheid) is issued. The competent authority has to issue the final administrative decision within three months.

As far as Section-95 trades as well as the chimney sweep trade are concerned, the appointment of a manager pursuant to trade law will become effective only as from the date of the notification of approval (Genehmigungsbescheid).

Entry into the Trade Register

The person/entity registering a business is entered into the Trade RegisterGerman text within three months as from the legally valid registration if all requirements have been met (i.e. if all documents were received by the authority and/or individual professional competence for carrying on the regulated trade has been approved with binding force).

If the requirements are not yet fully met and/or if the required documents were not available upon trade registration and if any of the following requests is filed

upon trade registration, the authority has to take into account administrative decisions issued within the three-month deadline.

EXAMPLE A waiver of ineligibility in favour of the person/entity making the registration – which has been issued with legal effect after registration – may be taken into account by the trade authority if the request for the waiver had been submitted no later than upon trade registration.

The date of the legally effective trade registration is defined as the date on which all documents required were received by the trade authority and on which, if applicable, individual professional competence was recognised, a waiver of ineligibility was granted, on which professional competence was recognised or equivalence was established.

The authority will forward a registration certificate of the Trade Register as well as in the case of Section-95 trades a final administrative decision.

The Trade Register certificate will be sent to you by standard mail. If you registered a Section-95 trade, the final administrative decision required for operating your business will be sent to you in a letter with return receipt ("RSb-Brief").

If the requirements for carrying on a trade have not been met, you will receive an administrative decision rejecting your application.

Required documents

PLEASE NOTE Persons who are already registered in the Trade Register do not have to submit identification documents. If the authority can retrieve the necessary data from registers, the following documents do not have to be submitted: birth certificateGerman text and certificate of citizenshipGerman text or passportGerman text, residence registrationGerman text, registration certificates of the Commercial RegisterGerman text/Register of AssociationsGerman text.

For sole traders:

For legal entities (corporations, associations, etc.) and registered partnerships:

Responsible department

Die Gewerbebehörde, die für den Gewerbestandort örtlich zuständig ist:

Die Bezirkshauptmannschaft 

In der Stadt Salzburg: der Magistrat Salzburg: siehe  Detailbeschreibung

Detailinformation

In der Stadt Salzburg: der Magistrat Salzburg

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