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A Formation Document (Gründungsurkunde) establishes the legal existence of a company under Austrian law. This essential paperwork outlines your business structure, leadership roles, and core operating rules - think of it as your company's birth certificate and instruction manual combined.

For Austrian GmbHs and AGs, these documents must include specific details like company name, registered office, share capital, and shareholder information. You'll need to file them with the commercial register (Firmenbuch) and have them notarized before your business can legally start operating. The requirements vary based on your chosen business form, with stricter rules applying to corporations than partnerships.

You need a Formation Document whenever you're starting a new business entity in Austria. Most commonly, this happens when launching a GmbH (limited liability company), AG (corporation), or OG (general partnership). The document becomes crucial during your initial business registration with the Firmenbuch.

Time-sensitive situations include securing startup funding from investors, opening business bank accounts, or bidding on government contracts - all of which require proper formation paperwork. Austrian law mandates having this document ready before signing commercial leases, hiring employees, or entering into major business contracts. Getting it right from the start prevents costly legal complications and registration delays.

• Standard GmbH Formation Documents: Required for limited liability companies, including articles of association (Gesellschaftsvertrag) with shareholder details and capital contributions
• AG Formation Package: More complex documentation needed for public companies, including bylaws and supervisory board structures
• Partnership Formation Documents: Simpler forms used for OGs and KGs, focusing on partner relationships and profit-sharing arrangements
• Single-Member GmbH Declaration: Streamlined version for one-person limited liability companies
• Simplified Startup Formation: Basic template for small businesses with standardized articles and minimal customization

• Company Founders: Sign and submit the Formation Document, taking legal responsibility for its contents and accuracy
• Notaries: Verify identities, certify signatures, and ensure the document meets Austrian legal requirements
• Business Lawyers: Draft and review Formation Documents, ensuring compliance with corporate law and protecting client interests
• Commercial Register Officials: Process and maintain official records of Formation Documents in the Firmenbuch
• Tax Advisors: Guide clients on optimal business structures and tax implications during formation
• Bank Representatives: Verify Formation Documents when opening business accounts or processing startup capital

• Business Details: Gather company name options, registered address, business purpose, and planned activities
• Ownership Structure: List all shareholders/partners with their personal details and planned ownership percentages
• Capital Information: Document initial capital contributions, including cash and non-cash assets
• Management Setup: Define managing directors, their powers, and signing authorities
• Documentation: Prepare passport copies, proof of address, and bank statements for all parties
• Online Platform: Use our system to generate a legally-compliant Formation Document template that includes all required elements
• Notary Appointment: Schedule certification after document completion but before submission

• Company Identity: Legal name, registered office address, and business purpose (Unternehmensgegenstand)
• Share Capital: Total capital amount, share distribution, and payment terms for GmbH/AG structures
• Management Provisions: Powers and limitations of managing directors (Geschäftsführer)
• Shareholder Rights: Voting procedures, profit distribution, and transfer restrictions
• Governing Bodies: Rules for general meetings and supervisory board (if required)
• Dissolution Terms: Conditions and procedures for company termination
• Compliance Elements: Data protection provisions and Austrian corporate law references
• Signature Block: Notarized signature sections for all founding members

Formation Documents differ significantly from Corporate Governance Documents in both timing and scope. While Formation Documents establish your company's legal existence and basic structure, Corporate Governance Documents guide how your established company operates day-to-day.

• Creation Timing: Formation Documents are required at company founding, while governance documents can be created or modified throughout company life
• Legal Requirements: Formation Documents need notarization and commercial register filing; governance documents are typically internal policies
• Content Focus: Formation Documents outline basic structure and capital; governance documents detail operational procedures and decision-making processes
• Modification Process: Changing Formation Documents requires formal legal procedures and register updates; governance policies can be adjusted through board approval
• Target Audience: Formation Documents primarily address authorities and shareholders; governance documents guide management and employees