It started in 2020 with our expert opinion on the AustrianLimited and now ends in 2023 with the introduction of the long-awaited new capital company form FlexKap, which will bring the following major innovations:

* Enabling employee participation under company law by granting shares in the value of the company; this will be accompanied by a preferential tax rate that will only apply upon exit (75% of the subscription will be taxed at a fixed tax rate of 27.5%, the remainder at the respective wage tax rate)

* Reduction of the minimum share capital to EUR 10.000

* Share transfers and takeover declarations in the case of capital increases can now be made not only with a notarial deed, but also with a notarial or lawyer’s deed

* Circulation resolutions become majority-capable and digitally signable

* Introduction of flexible capital measures, which currently only exist with the AG (authorized capital, conditional capital and repurchase of own shares)

* Split voting for shares

A big step towards making the Austrian market more attractive – individual points still need to be adjusted and fine-tuned with the help of all stakeholders.