On Friday, 22 March 2013, a draft new law (Gesellschaftsrechts-Änderungsgesetz 2013 – GesRÄG 2013) was revealed by Minister of Justice Beatrix Karl and Minister of Economy Reinhold Mitterlehner. The GesRÄG 2013 - which is expected to come into force on 1 July 2013 - aims at facilitating the establishment of an Austrian limited liability company (Gesellschaft mit beschränkter Haftung – GmbH). This article provides a summary of the draft.
In a series of landmark decisions, the European Court of Justice (ECJ) has provided for the cross-border mobility of companies within the European Union. Fearing the competition of foreign legal entities, many European countries have consequently reformed their corporate laws. The proposed GesRÄG 2013 will finally draw a line – at least temporarily – under the respective discussion in Austria. The new law intends to make establishing a GmbH easier and cheaper.