New articles will be added when they offer practical guidance for succession clients.
Section 40 of Austria's UGB links an heir's unlimited liability to continuing a business from the estate. The estate transfer date and timely cessation matter.
Open →Section 83 GewO requires prior notice, safeguards and a formal authority finding when an operating facility or part of it is decommissioned.
Open →A family business is subject to substitution succession. Section 613 ABGB separates consent, ordinary management, substitute assets and the residue exception.
Open →New de minimis aid after a business takeover: Article 3(8) of Regulation (EU) 2023/2831 requires previous aid to the undertakings involved to be considered.
Open →Continuing an Austrian veterinary practice after the owner's death: Section 19 TÄG covers the Chamber notice, Veterinary List entries and an extension up to one year.
Open →Pharmacy owner dies: who may temporarily continue a public pharmacy, which age limits apply and what pharmacy students must prove.
Open →How children may continue an Austrian tax advisory office after the professional's death, including the curator, deadlines, documents and statutory limits.
Open →A business transfer involving X-ray or testing radiation equipment requires prompt reporting of the permit holder change and any new radiation protection officer.
Open →A gratuitous business transfer must preserve books, receipts and tax-relevant legacy records. Section 132 BAO sets the framework for retention and access.
Open →After a commercial agent dies, the estate may have a compensation claim under Section 24 HVertrG. Requirements, one-year notice and documents explained.
Open →Section 1367 ABGB: when an unsecured guarantee expires after the guarantor's death and what demand the creditor must make on the heirs.
Open →Section 82 BAO where an estate has no clear representative: when the tax authority may apply to court for the appointment of a legal representative.
Open →Which tax rights and duties pass in universal succession and why section 19 BAO requires the scope of recourse to be assessed under civil law as well.
Open →When a duty to continue binds, how conditions work in transfer agreements and when a breach may lead to reversal of the transfer.
Open →A GmbH share as a specific legacy: review section 684 ABGB, section 76 GmbHG, the articles and fulfilment after death in the right order.
Open →Adult representation of a business owner: distinguish ordinary business operations, court approval and the decision to continue or close the business.
Open →When a daughter takes over an Austrian chimney-sweep business, proof of competence, personal requirements and the exact scope of work should be clarified before the transfer date.
Open →How to organise the substitute, office wind-up, estate administration and document archive after an Austrian civil engineer dies.
Open →Organise admin rights, two-factor authentication and a handover protocol when digital business access changes in a succession.
Open →Annual accounts and the succession cut-off in a GmbH: organise figures, resolutions and information for the handover.
Open →Dismissal on a business transfer: classify employment relationships, information duties and succession measures under AVRAG.
Open →Profit allocation in the succession year: align annual accounts, shareholder resolutions and capital-maintenance rules.
Open →Procuration after a business transfer: coordinate scope, revocation, signing authority and company-register filings.
Open →Enduring power of attorney for business owners: define scope, registration and continuity before a succession takes effect.
Open →Open employee claims in a business transfer: organise pay, leave and liability. Legal checkpoints, documents and the handover timetable in overview.
Open →Works council and business succession: align information duties and timing. Legal checkpoints, documents and the handover timetable in overview.
Open →Business lease in family succession: organise consent, location and handover. Legal checkpoints, documents and the handover timetable in overview.
Open →Shareholder loans in succession: review the current account and repayment. Legal checkpoints, documents and the handover timetable in overview.
Open →Family pharmacy succession: organise the concession, location and handover. Legal checkpoints, documents and the handover timetable in overview.
Open →An interim managing director can stabilise succession. Appointment, external representation, internal limits and liability must be regulated separately.
Open →A family loan can finance business succession. The loan agreement, security, ranking and repayment should be documented clearly.
Open →When a business continues, the company name, counterparties and liability must be reviewed separately. Section 38 UGB is a key reference.
Open →A partial transfer of a GmbH share can structure succession in stages. Form, consent and voting rights must fit together.
Open →In business succession, the notice, resolution and minutes of a shareholders meeting must fit together legally.
Open →cross-border family succession involving an Austrian GmbH. Cross-border family succession involving an austrian gmbh is a distinct issue in family succession.
Open →employee equity participation distinct from employment and family transfer. Employee equity participation distinct from employment and family transfer is a distinct issue in family succession.
Open →customer and licence contracts in an operational transfer. Customer and licence contracts in an operational transfer is a distinct issue in family succession.
Open →pledging a GmbH share to secure instalments. Pledging a gmbh share to secure instalments is a distinct issue in family succession.
Open →silent partnership as a time-limited economic participation. Silent partnership as a time-limited economic participation is a distinct issue in family succession.
Open →After a family transfer of GmbH shares, beneficial ownership, control rights and register reporting should be reviewed.
Open →A forced heirship waiver can support a business transfer if valuation, balancing and liquidity are properly documented.
Open →In business succession, customer data, newsletter lists and access rights must be structured under GDPR rules.
Open →Before family succession, contributing a sole proprietorship to a GmbH can clarify roles, liability and transfer readiness.
Open →A family successor should review old debts, continuation of the business name and liability under Austrian law before taking over.
Open →Driving school succession in Austria: review the permit, management, operating approval, vehicles and teaching staff under the KFG 1967.
Open →How to secure apprenticeships, training contracts, trainers and the handover date during an Austrian business succession under AVRAG and BAG.
Open →A GmbH special voting right and a management age limit must fit together. What 6 Ob 112/25a means for family succession planning.
Open →Holding structure before business succession: how to separate ownership, control and transfer steps in a legally sound way.
Open →Organise hotel succession in Austria: review the trade licence, operating facility, property, lease, staff and ongoing bookings before the transfer date.
Open →How to review change-of-control clauses in business succession: consents, termination rights, section 38 UGB and closing conditions.
Open →Protect trade secrets during a business succession transition: stage data-room disclosure, control access, regulate handover and document return or deletion.
Open →How software, patents and operational know-how are identified, transferred and protected during a business succession in Austria.
Open →Severance pay and occupational pensions in an Austrian business transfer: legacy system, BMSVG, pension promises and liability.
Open →How a GesbR structures business succession on entry, exit or death of a partner through agreement, asset and liability rules.
Open →How to transfer an Austrian medical practice: patient records, social insurance contracts, leases, data protection and the handover process.
Open →A transferor may retain protection over fundamental decisions. A narrow reserved matters list, a clear process and an end point prevent operational deadlock.
Open →A blocking minority only works against a defined majority. Voting weight, resolution type and meeting procedure must be aligned after the handover.
Open →A lifetime business transfer may affect later compulsory shares. The gift element, recipient, valuation date and legal documentation must be separated clearly.
Open →An advisory board can support the handover without duplicating management. Mandate, membership, information rights, reserved matters and a clear ending are decisive.
Open →A compensation clause must treat the departing shareholder appropriately while protecting operating liquidity. This post connects value, payment and security under Austrian law.
Open →A transfer restriction controls admission of new GmbH shareholders. This post explains competence, criteria, procedure and its interaction with pre-emption and buy out rights.
Open →One child takes over the business. This post combines operational continuity, valuation, sibling balancing and Austrian forced-heirship consequences in one transfer plan.
Open →Management passes to the successor. This post separates appointment, representation, reserved matters and the transferor's new role under Austrian GmbH law.
Open →A focused as-is versus target review for a specific succession: which clause groups should be tested against at least two realistic stress scenarios.
Open →A buy out right opens an acquisition path after the death or withdrawal of a shareholder. The post shows triggers, exercise, valuation, payment and the clear boundary to transfer restrictions.
Open →When an internal family succession is not viable, the sale needs orderly preparation: owner decision, sale mandate, information control and a clean handover to transaction counsel.
Open →Not the thickest file, but targeted document packages make the first succession consultation useful. This post explains which question each package answers.
Open →Anyone joining, leaving or inheriting a share in an Austrian OG or KG steps into a specific liability regime. This post orders the legal form, the role and the register steps for a robust succession.
Open →Which role, resolution, contract, information and completion signals show that succession needs to be reorganised before a crisis.
Open →Which company register entries, procuration, commercial authority, bank rights and digital access must be reconciled after a transfer.
Open →How a family GmbH can structure disputes between an active successor and passive siblings over information, pay, profit and control.
Open →How a founder hands over GmbH management and separates corporate office, contract, authority, knowledge and the future role.
Open →When a management buy out can support succession and how purchase, finance, changing roles and an external alternative should be structured.
Open →How to limit transferor control rights after the share transfer sensibly without giving up the operational capability of the GmbH.
Open →When family succession needs more time, an external managing director can carry the business. What appointment, service agreement, limits and liability really require.
Open →Which points a family business transfer agreement really needs to regulate when shares, business, balancing arrangements and security come together.
Open →How a will and the articles of association interact in Austrian business succession and where a mere testamentary instruction does not steer the company.
Open →Which family-law consents and court approvals actually apply when a minor heir inherits shares in an Austrian business.
Open →How spouses can define ownership, work, management and remuneration in an Austrian family business and prevent succession conflicts.
Open →How an exiting sibling can receive fair compensation without putting the family business at risk through an unaffordable immediate payment.
Open →How a right of first refusal over family shares can align offer, beneficiaries, price, timing and notarial completion.
Open →How clear roles, credible communication and workable agreements can retain key employees throughout a family-business transition.
Open →How a successor can assume responsibility in stages without confusing corporate office, representation, control and liability.
Open →How a family council can organise expectations, information and conflict without replacing management or shareholder resolutions.
Open →How a family transfer of business can coordinate employment, contracts, liabilities and operational responsibility under Austrian law.
Open →How annuity, right of residence and usufruct are structured in a transfer agreement and where land register, maintenance and long-term care must be regulated separately.
Open →How a formally correct gift of Austrian GmbH shares works between transfer and inheritance, and where forced-heirship supplement, attribution and donee liability must be distinguished.
Open →When succession stalls in the shareholder circle: how resolution records, mediation and challenge under GmbHG and ZivMediatG interact to unlock the process.
Open →How passive family shareholders in an Austrian GmbH can use their statutory information rights and how a sensible reporting rhythm can be embedded into the articles.
Open →How the articles of an Austrian family GmbH can order roles, majorities, information rhythm and buyout rights for succession involving several children.
Open →