Konzerninterne Überlassung von GmbH-Geschäftsführern.

When an employee is hired out it is as a rule the hirer-out rather than the hirer who acts as the employer in terms of labour and social insurance law.

The topic is therefore not yet entirely clear and will need further clarification in the future.

The remuneration of each member of the management board, as well as the remuneration policy, shall be featured in the company's corporate governance report.

Austria is helping start-ups. In a first step, start-ups can double fresh equity up to EUR 800,000 by obtaining a contribution from the Austrian promotional bank AWS.

Pursuant to Sec 225c of the Austrian Stock Corporation Act (AktG), shareholders may file an application for a review of the share exchange ratio determined or the cash compensation, if any, paid in the course of a merger if either of these were not adequate.

Corporate sustainability and ESG are of great importance for management decisions.

In 2012, the European Commission published a report on the Takeover Bids Directive 2004/25/EC and recommended the clarification of the concept of "acting in concert" at EU level.

In unserem "to the point" beleuchten unsere Experten für Sie jedes Quartal die aktuelle österreichische Rechtsprechung im Gesellschafts- und Unternehmensrecht.

Is the approval of board member actions an effective relief from liability or a mere formality?

By law, every Austrian stock corporation (Aktiengesellschaft; AG) must have a supervisory board (Aufsichtsrat; SB).

The fight against corruption has intensified over the past few years, causing the issue of corporate compliance to become ever more important.

Is a supervisory board member justified in taking a decision which helps his current company at the expense of his former company?

According to the Austrian Commercial Code ("Unternehmensgesetzbuch – UGB"), managing directors ("Geschäftsführer / Vorstandsmitglieder") of Austrian corporations ("Kapitalgesellschaften") are obliged to file the corporation's (audited) financial statements ("Jahresabschluss und Lageberich"t, if applicable) with the competent Austrian Commercial Register ("Firmenbuch") within 9 months after the respective balance sheet date (cp. Art 277 para 1 UGB).

Since 1 July 2013, the costs for the incor­po­ra­tion of an Aus­trian lim­ited lia­bil­ity com­pany have been reduced significantly.

On 15 May 2017, the ECB published a guide on fit and proper assessments (the "Fit and Proper Guide"), which reflects the result of a public consolidation launched by the ECB on 16 November 2016.

In an M&A dispute, can you stop the target's subsidiaries from taking measures that threaten to dissipate their assets, thus de-evaluating the parent company?

Modelled on Sec 93 para 1 of the German Stock Corporation Act, a 2015 reform of the Austrian Criminal Code introduced a "Business Judgement Rule" into the Austrian Stock Corporation Act and the Limited Liability Companies Act.

In times of economic crisis, the special rules of the Austrian Takeover Act (TA) applicable to distressed companies would be expected to gain in importance.

The fight against corruption has intensified over the past few years in Austria, highlighting the importance of corporate compliance.