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In December 2023, the National Council of the Austrian Parliament adopted the Federal Act on Flexible Companies, according to which the new corporate form Flexible Company (FlexCo) was introduced in Austria.

The FlexCo is structured as a flexible company tailored to the unique requirements of start-up founders in the early stages of their business.

On the one hand, the FlexCo has notable similarities to an Austrian stock corporation (Aktiengesellschaft, "AG"). On the other hand, the provisions for Austrian limited liability corporations (Gesellschaften mit beschränkter Haftung, "GmbH") apply to FlexCos on a subsidiary basis. Hence, due to its unique flexible structure, the FlexCo can be considered a hybrid between the AG and the GmbH.

Get a legal overview in our articles below, and follow along our FlexCo self-experiment:


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Austria's new FlexCo: a gamechanger for company founders in 2024?

To address some issues voiced by practitioners in relation to the foundation of limited liability companies (GmbH) in Austria, the Austrian legislator proposed a new corporate form, the "Flexible Company" (FlexCo), offering some promising solutions for start-ups. Established businesses can also make use of this new corporate form. It is currently envisaged that FlexCos can officially be established from 1 January 2024.


08 January 2024


R.Perner G.Ebner

The FlexCo: a New Corporate Form in Austria


Austria's new company form: introducing the "Flexible Company" (FlexCo)

media coverage

Was bringt die FlexCo?

Podcast | Linde Verlag


Get a quick overview of the key aspects of FlexCo below. If you want to get more detailed insights, please take a look at our comprehensive analysis.

Key characteristics of FlexCo

Reduced capital requirements

  • Minimum share capital reduced to EUR 10,000 – this applies to the FlexCo and to the GmbH.
  • Minimum initial contribution is EUR 5,000 – this applies to the FlexCo and to the GmbH.
  • Minimum individual contribution is EUR 1 – this applies to the FlexCo only.

Circular shareholder resolutions

  • Circular shareholder resolutions are possible without the consent of all shareholders.
  • Circular resolutions are valid when all entitled shareholders can participate.
  • Votes can be cast in text form, allowing for digital voting methods.

Split Voting

  • Shareholders with multiple votes can engage in split voting, significant in trustee frameworks.

Fractional shares

  • The FlexCo allows issuance of fractional shares, enabling diverse share classes with distinct rights.
  • Simplification of share tracking, especially in trust structures.

Company value shares (CVS)

  • Together with the FlexCo, a new share class is introduced.
  • Designed for employee participation but also issuable to other stakeholders.
  • Mandatory tag-along right for CVS holders in the event of a sale of a majority stake by founding shareholders.
  • Up to 25 % of share capital can be issued as CVS.
  • No voting rights, but veto right for certain corporate measures. CVS holders may attend shareholder meetings.
  • Minimum nominal value of one cent.

Simplified transfer of ownership

  • Notarial deed no longer required for share transfers and new share subscriptions.
  • Private deed executed by attorney or notary can document share transfers and new share subscriptions.

Flexibility regarding capital measurements

  • FlexCos can acquire and hold their own shares.
  • Capital raising instruments resemble existing concepts at AGs, such as conditional capital and authorised capital.

Supervisory boards

  • Lower threshold for establishing a mandatory supervisory board in a FlexCo.
  • A supervisory board is mandatory if at least two of the following criteria are exceeded: (i) EUR 5m balance sheet total; (ii) EUR 10m turnover; or (iii) an average of 50 employees.


  • FlexCos can be easily converted into a GmbH or AG and vice versa.

Our team of experts cover various legal aspects in FlexCo related questions, from corporate law to venture capital and tax law, with broad expertise in the start-up scene and the technology & digitalisation industry.

Do you have a question, or are thinking about making use of FlexCo? Get in touch with our team of experts and find out more!

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austria vienna


Attorney at Law

austria vienna


Attorney at Law

austria vienna