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Removal from the companies register

General Information

Sole proprietorships that are registered in the companies register must apply to the competent court keeping the companies register to have the company name removed.

Enterprises Affected

Sole proprietorships that cease to trade.

Caution

In general, these rules also apply to entrepreneurs from EU Member States in Austria.

Requirements

Ceasing to trade.

Deadline

Changes to the information registered in the companies register must be reported immediately.

Competent Authority

The competent regional court (→ BMJ)German text of the place where the business has its registered office.

Procedure

No specific procedure must be observed.

Documents Required

Informal written application with a certified signature, which must state the reason for removal.

Expenses

Submission fees: 19 Euro or 38 Euro, if the application is not submitted in the Electronic Legal Transactions (ERV).

The cost of certifying the signature must be added to this.

Additional Information

If an entrepreneur dies, the heirs can continue the business. A valid legal decision on the transfer of title to the estate must be presented to the companies register to prove the status of the heirs. If the business is continued by heirs, they must sign the application to the companies register.

Please note

Under the Firmenbuchgesetz, fines of up to 3,600 Euro are imposed on those who fail to comply with the reporting obligations.Failure to obey the court order within two months of the date on which the decision to impose the fine takes legal effect will result in a further fine of 3,600 Euro.

Legal Basis

Firmenbuchgesetz (FBG)

Expert Information

No expert information is available.

To Form

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Translated by the European Commission
last update: 1 May 2021
responsible for content:
  • USP Editorial Staff
  • Federal Ministry of Justice

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