Innovations in company law 2023: Presentation of the FlexKapG and revision of the GmbH law. Opportunities for start-ups and entrepreneurs in Austria

Austria’s economy is undergoing an exciting transformation that is opening up promising opportunities for start-ups and innovative entrepreneurs in particular.

Thanks to the Company Law Amendment Act 2023, the government plans to increase the competitiveness of domestic companies and position them on an international level. The program includes not only the introduction of the “Flexible Capital Company” (FlexKapG or FlexCo), but also a revised version of the existing GmbH law that promotes innovation.

A key highlight is the reduction of the minimum share capital under GmbH law from EUR 35,000 to EUR 10,000. This benefits start-up founders in particular.

But not only future companies will benefit: Existing GmbHs with founding privileges no longer have to increase their share capital to EUR 17,500.

Geisler & Hirschberger tax consultants Innsbruck offers comprehensive information on the flexible corporation and the updated GmbH regulations.

Introduction to the “Flexible Kapitalgesellschaft” (FlexKapG): The FlexKapG is an innovative legal form that is based on the modernized GmbH with a share capital of EUR 10,000, of which EUR 5,000 must be paid prior to entry in the commercial register. It combines the best features of stock corporations and limited liability companies. A key feature of this legal form is the clear separation between the company’s assets and those of the shareholders. In today’s increasingly digital and global business world, limited liability is invaluable.

FlexKapG not only stands for a modern legal form, but also supports innovation and promotes entrepreneurial spirit. It enables companies to react more flexibly to market changes and motivate their employees by giving them a stake in the company’s success.

Revolutionary employee participation in the Austrian start-up sector: The opportunity for employees to participate through company shares represents a groundbreaking innovation. Competent and committed teams are invaluable, especially in the financially challenging founding phase of a start-up. Such participation models can strengthen employee loyalty to the company, which in turn increases their motivation and commitment.

Expansion of entrepreneurial opportunities through FlexKapG: FlexKapG opens up a wide range of new opportunities for companies. The possibility of holding virtual general meetings and passing circular resolutions represents significant progress. This means that decisions can be made independently of physical meetings and time constraints, which speeds up the decision-making process considerably. In today’s dynamic business world, it is of the utmost importance that companies remain agile and adaptable.

FlexKapG also facilitates capital measures and enables companies to buy back their own shares. This gives companies the flexibility to adapt quickly to changing market conditions, be it through the development of new business areas, financing projects or the adjustment of their business objectives. Overall, FlexKapG creates a future-oriented and competitive environment for Austrian companies on the global market.


The “Start-up Package Austria 2023” marks a significant step in the further development of Austrian company law. With the introduction of the Flexible Capital Company Act (FlexKapG) and the changes to the law on limited liability companies, Austria is responding to the needs of modern companies and offering improved framework conditions, particularly for young start-ups and innovative entrepreneurs. The innovations, such as the reduction of the minimum share capital and the possibility of employee participation, reflect the desire to promote entrepreneurship and strengthen the competitiveness of Austrian companies on an international level.


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