Registering a regulated business (sole proprietorship)

General information

A business governed by the Gewerbeordnung (GewO) can be performed independently, regularly and to obtain an income or economic advantage if it has been registered with the competent business authority in the place where it is located.

Sole proprietors, legal entities (corporations, associations etc.) and registered partnerships require a license to trade to carry on a business. Evidence of qualifications must be provided to run a regulated business.

Information about registering legal entities and registered partnerships can be found in the section "Start-up roadmap - companies^"

Sole proprietors who cannot provide evidence of qualifications for a regulated busines, must appoint a professional representative who is able to do so.

A professional representative must also be appointed if the sole proprietor is not resident in Austria. EEA nationals or Swiss nationals who are resident in a state of the EEA or in Switzerland are not required to appoint a professional representative.

USP.gv.at also provides detailed information about registering a business in English.

Enterprises affected

Any sole proprietorship intending to carry on a regulated business

Requirements

For the sole proprietor:

• nationality:
  • Austrian;
  • national of a state in the EEA;
  • Swiss;
  • national of another state outside the EU/EEA: residence permit (→ oesterreich.gv.at)

• legal capacity: 18 years and over
• no grounds for disqualification from trading (e.g. a financial offence, court judgment)
• a dispensation may be granted in some circumstances
• evidence of qualifications; or
• a decision establishing individual competence or
• a decision to recognize or accept the equivalence of EEA certificates of competence held by EU- or EEA-citizens

For the professional representative:

• nationality:
  • Austrian;
  • national of a state in the EEA;
  • Swiss;
  • national of another state outside the EU/EEA: residence permit (→ oesterreich.gv.at)
• residence in Austria, a state in the EEA or Switzerland
• legal capacity: 18 years and over;
• no grounds for disqualification from trading (e.g. a financial offense, court judgment)
• a dispensation may be granted in some circumstances;
• evidence of qualifications; or
• a decision establishing individual competence or
• a decision to recognize or accept the equivalence of EEA certificates of competence
• employment in a position subject to mandatory social insurance (for at least half of the normal weekly working hours).

Deadlines

There are no specific deadlines.

Competent authority

The competent business authority in the place where the business is located:

• the distinct authority^{German text}
• in statutory cities: the municipal executive^{German text}
  • in Vienna: depending on the type of business, the → office of the Municipal District Authority or Department MA 63^{German text}.

Procedure

The business must be registered with the business authority. This can be done in person or in writing – on a printed form – or electronically.

The following details must be provided:

• precise name of the business;
• precise location where the business will be carried on;
• precise details of the person registering the business:
  • forename and surname, address, date and place of birth, nationality, social insurance number;
• when appointing a professional representative at the same time:
  • forename and surname, address, date and place of birth and nationality of the professional representative;
  • social insurance number;
• employer account number.

The business registration takes effect immediately if all the conditions have been met and all the required documents are attached to the application. The business can trade from the date of registration.

However, section 95 businesses and chimney sweeping businesses cannot start trading until the decision granting the licence takes effect. The competent authority must issue the decision within three months.

Entry in the Austrian Business Licence Information System (GISA)

Once the conditions have been met, the registrant is entered in GISA within three months of the date on which registration takes effect (i.e. when the authority has received all of the documents and individual competence has been legally established).

If all of the conditions have not yet been met or all of the documents received when the business is registered, and if an application for a

• disqualification dispensation or
• confirmation of individual competence or
• recognition or acceptance of the equivalence of EU/EEA certificates of competence

is submitted on or before the date of registration, the authority must take account of a decision issued within the three-month period.

The date of legal registration of the business is the date on which the business authority has received all of the required documentation, and any confirmation of individual competence, dispensation, recognition or acceptance of equivalence has been legally provided.

The authority will send you a copy of the entry in GISA; for section 95 businesses it will include a copy of the decision.

This will be sent to you by post. If you have registered an section 95 business, you will receive the decision required to run the business by official registered letter.

If the conditions for running a business have not been met, the business authority will refuse your request.

Required documents

For the sole proprietor:

• birth certificate and certificate of nationality or passport of the registrant
• residence permit for nationals of states outside the EU/EEA (except for Swiss nationals)
• confirmation of the registration
• any academic degree certificates
• statement concerning grounds for disqualification of natural persons under section 13 of the GewO 1994;

• if you have changed your name: also
  • marriage certificate or notice of a change of name;
• if you live abroad or have lived in Austria for less than five years: also
• • criminal record certificate from the country of origin (no more than three months old);
• if available: evidence of qualifications (e.g. vocational training certificates, master craftsman’s certificate); or
  if available: a decision establishing individual competence or

• if available: a decision to recognise or accept the equivalence of EEA certificates of competence;

If appointing a professional representative: also

• birth certificate and certificate of nationality or passport of the professional representative;
• residence permit for nationals of states outside the EU/EEA (except Swiss nationals);
• confirmation of the registration
• any academic degree certificates
• statement concerning grounds for disqualification of natural persons under section 13 of the GewO 1994;
• if you changed your name: also
  • marriage certificate or or notice of a change of name;
• if you live abroad or have lived in Austria for less than five years: also
  • criminal record certificate from the country of origin (no more than three months old);
• if the professional representative is appointed to represent the business externally:
  • statement concerning grounds for disqualification of natural persons under section 13 of the GewO 1994;
• if the professional representative is not appointed to represent the business externally:
  • statement for a professional representative under section 39 of the GewO 1994;
  • statement for the registrant of a business or applicant for a licence under section 39 of the GewO 1994;
  • confirmation of the social insurance provider for an employee (for regulated businesses: a person who works for at least half of the normal weekly working hours)
  • employer account number.
• evidence of qualifications (e.g.vocational training certificates, master craftsman’s certificate); or
  a decision confirming individual competence or
• a decision to recognise or accept the equivalence of EEA certificates of competence

Costs and fees

There are no stamp duties or administrative fees to be paid (see section 333a of the GewO).

Further information

If you start a business governed by the Gewerbeordnung (GewO) you must join the Austrian Federal Economic Chamber (→ WKO)^{German text} and take out insurance under the Trade Social Insurance Act. You can register your business with the Social Insurance Institution for the Self-Employed (→ SVS)^{German text} during e-start-up on the Business Service Portal.

Legal bases

Sections 13, 39, 339 to 348 of the Gewerbeordnung 1994 (GewO 1994)

Expert information

No expert information is available.

Link to form

Online process:

• registering a business^{German text}